Is it a breach of duty if the federal bureau of prisons has not settled a tort claim with me? 15 Answers as of June 07, 2013

The f.b.o.p. supposed to have settled a tort claim of mine, they didn't. Is this breach of fiduciary duty?l

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David Hoines Law
David Hoines Law | David Hoines
No.
Answer Applies to: Florida
Replied: 6/7/2013
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
The history of the law is replete with examples of cases where reasonable minds can differ. A quick review of the website at http://www.bop.gov/inmate_programs/index.jsp makes it appear as though being a guest of the federal prison system is like a vacation with a kind, caring host. They even provide mental health counseling, described as follows: "The Bureau provides a full range of mental health treatment through staff psychologists and psychiatrists. The Bureau also provides forensic services to the courts, including a range of evaluative mental health studies outlined in Federal statutes.Psychologists are available for formal counseling and treatment on an individual or group basis. In addition, staff in an inmates housing unit are available for informal counseling. Services available through the institution are enhanced by contract services from the community." You can't beat that.
Answer Applies to: Washington
Replied: 10/6/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
I don't believe the term " fiduciary" is appropriate. If you have a federal tort claim and it is properly filed, it should be heard and decided in due course. Government is slow about hearings. The feds, similar to the state, claims they are overloaded with cases or shorthanded. Truth is there is not much incentive to speed things along and government employees are a little on the lazy side. This has been the case since the beginning of time I think.
Answer Applies to: North Carolina
Replied: 10/6/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
No one has any "duty" to settle a claim. The F.B.O.P. can deny your claim, and that is what they usually do. If you have a cause of action against the F.B.O.P. (usually the claim is denial of civil rights) you can file a claim and once you have exhausted administrative remedies you can file suit.
Answer Applies to: New York
Replied: 10/6/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Retain a plaintiff's tort claims attorney from your local bar association for legal advice.
Answer Applies to: Indiana
Replied: 10/6/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    The answer to your question would depend on how the tort claim originated, and whether there was a fiduciary relationship between the two parties. Without that information, your question cannot be answered. You should speak with a local attorney.
    Answer Applies to: Utah
    Replied: 10/6/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    They have no duty to settle any case. If they deny your claim, you have to sue them in federal court. They can either settle or try the case.
    Answer Applies to: New York
    Replied: 10/28/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    No, this does not appear to be a breach of a fiduciary duty.
    Answer Applies to: Louisiana
    Replied: 10/28/2011
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