Mouzon v. United States
- Philip Halpern
- 7:23-cv-10911
- U.S. District Court · Southern District of New York
- 2
Judge Halpern granted defendants’ motion in Mouzon v. United States, dismissing FTCA claims without prejudice and Bivens claims with prejudice.
Robbie Mouzon’s claims under the Federal Tort Claims Act and Bivens were dismissed; the defendants’ motion to dismiss was granted.
What happened
In Mouzon v. United States, the defendants moved to dismiss Robbie Mouzon’s complaint. The judgment refers to claims under the Federal Tort Claims Act and claims described as Bivens claims.
The court granted the defendants’ motion to dismiss. It dismissed the Federal Tort Claims Act claims without prejudice and the Bivens claims with prejudice.
Judge Halpern denied leave to amend because the court found amendment would be futile. The court also denied permission to appeal without paying fees, certified that an appeal would not be taken in good faith, and closed the case.
The detailed version
- Mouzon v. United States · No. 7:23-cv-10911
- Philip Halpern
- Jan. 6, 2025
Disposition
The judgment states that, for the reasons given in the court’s Opinion and Order dated January 6, 2025, the defendants’ motion to dismiss the complaint was granted.
Claims and Effect of Dismissal
The judgment states that Robbie Mouzon’s claims under the Federal Tort Claims Act (FTCA) were dismissed without prejudice, meaning the judgment did not bar refiling those claims. It states that Mouzon’s claims under Bivens were dismissed with prejudice, meaning those claims were barred from being refiled.
Leave to Amend
The court denied leave to amend. It stated that the defects in the FTCA and Bivens claims would make any amendment futile.
Appeal and Case Status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the Opinion and Order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees. The judgment states that the case is closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.