DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091350P.pdf 12/28/2009 Yolanda H. Allen v. United States
U.S. Court of Appeals Case No: 09-1350
District of North Dakota - Fargo
[PUBLISHED] [Murphy, Author, with Smith and Benton, Circuit Judges]
Civil case - torts. Even given a liberal reading, plaintiff's administrative
charge in this Federal Tort Claims Act suit did not make a lack of
informed consent claim and, as a result, she failed to exhaust her
administrative remedies with respect to that claim; as a result, the district
court erred by exercising jurisdiction over the claim; the judgment
deciding the merits of the claim is reversed, and the matter is remanded
with directions to dismiss the claim for lack of jurisdiction; the remainder
of the district court's judgment is affirmed.