Case: 20-10329 Document: 00515661201 Page: 1 Date Filed: 12/04/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 4, 2020 No. 20-10329 Lyle W. Cayce Clerk John Roe, Plaintiff—Appellant, versus United States of America, Defendant—Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CV-792 Before Higginbotham, Smith, and Dennis, Circuit Judges. Per Curiam:* Plaintiff, proceeding pro se 1 under the pseudonym “John Roe,” appeals the dismissal of his Federal Tort Claims Act (“FTCA”) suit against the United States Government. The district court ruled that most of Roe’s claims were time-barred under the FTCA’s two-year statute of limitations, * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 1 Although pro se, Plaintiff’s complaint mentions that he attended law school. Case: 20-10329 Document: 00515661201 Page: 2 Date Filed: 12/04/2020 No. 20-10329 see 28 U.S.C. § 2401(b), and that the remainder of his claims failed as a matter of law, see Fed. R. Civ. P. 12(b)(6). Roe also appeals the district court’s denial of his request to amend his complaint a fourth time. Having carefully reviewed Roe’s complaint and the applicable law, we AFFIRM in part, REVERSE in part, and REMAND. I. At this early stage of litigation, “[w]e take all factual allegations as true and construe the facts in the light most favorable to the plaintiff.” Alexander v. Verizon Wireless Servs., L.L.C., 875 F.3d 243, 249 (5th Cir. 2017). Therefore, for purposes of this opinion, we present all factual allegations in Roe’s third amended complaint as true and construe them in the light most favorable to Roe. According to Roe’s third amended complaint, in November 2015, Roe, a citizen of Haiti, was taken into federal immigration custody and detained in the Johnson County Corrections Center (“JCCC”) in Cleburne, Texas, where immigration detainees are held pursuant to a contract between the federal government and Johnson County. Roe, who had suffered seizures in the past, had a seizure while at the jail and was taken to a local hospital. On November 22, while hospitalized, Roe was sexually assaulted by a guard employed by a Johnson County subcontractor assigned to guard him. Upon return to JCCC on November 24, Roe reported the assault to jail officials and also called his wife and told her to report the assault to the Department of Homeland Security’s (“DHS’s”) sexual assault hotline. Roe’s wife filed a complaint with DHS on or about December 1, 2015. Two DHS agents interviewed Roe about his sexual assault report on December 2, 2015. Johnson County conducted its own investigation, including a polygraph test, that ended in Roe’s arrest on December 2 on state charges of making a false report to a police officer. Roe was subjected to degrading 2 Case: 20-10329 Document: 00515661201 Page: 3 Date Filed: 12/04/2020 No. 20-10329 treatment and ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals