Hill v. United States

Plaintiff filed suit against the United States under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., after he was attacked by a fellow prisoner which resulted in blindness in one eye and serious impairment in the other eye. Plaintiff was released from prison while his suit was pending and failed to notify the court of his new address. Consequently, the suit was dismissed for failure to prosecute. Plaintiff, through counsel, later sought to set aside the dismissal twice and the district court denied his motion both times. Given the unusual gravity of plaintiff's injuries, the absence of any suggestion of prejudice to defendant from the delay in suing, and the district court's cursory treatment of the issue of equitable tolling, the court vacated and remanded to the district court for further consideration of the tolling issue. View "Hill v. United States" on Justia Law