David Frank Hamilton
How Judge Hamilton rules, drawn from 64 signed orders. Every observation links to the order it came from.
How Judge Hamilton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A False Claims Act knowledge inquiry focused on the defendant's actual knowledge and beliefs rather than a later objectively reasonable interpretation.
“respondents’ knowledge and subjective beliefs”
Federal habeas review did not permit the court to create a new constitutional restriction without a clear holding from the Supreme Court.
“we may not create new constitutional restraints on habeas review.”
Planned government deprivations fell outside the narrow exception that allows post-deprivation remedies when advance process is impractical.
“Pre-deprivation notice and hearings are not impractical, and therefore fall outside the narrow Parratt exception”
Procedural preferences
A Federal Tort Claims Act claim had to be presented to the appropriate agency within two years after accrual or it was time-barred.
“Under the FTCA, a tort claim against the United States must be presented to the appropriate federal agency within two years of the claim’s accrual or it is ‘forever barred.’”
An order attempting to recruit counsel for an indigent civil litigant did not create an entitlement to appointed counsel when recruitment efforts failed.
“right simply does not exist in federal civil litigation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Given the state courts' reasonable findings of fact and the absence of clearly established Supreme Court precedent that compels relief for Dassey, the district court's grant of habeas relief is REVERSED. The case is REMANDED to the district court with instructions to dismiss the petition.”
“The judgment of the district court is REVERSED and the case is REMANDED to the district court for further proceedings consistent with this opinion.”
“We VACATE the judgment and REMAND for further proceedings consistent with this opinion. The state-law claims, which are based on the same facts as the due process claim, are reinstated as well.”
“The district court did not abuse its discretion in declining to make further efforts. ... Because he conducted an 'individualized and practical inquiry' into Austin's ability to litigate his case ... he did not abuse his discretion. AFFIRMED.”
“We affirm. The Dernises failed to timely exhaust their administrative remedies for most of their claims, and their only timely claim is barred under the FTCA's intentional torts exception.”
“The judgment of the district court is REVERSED and the case is REMANDED to the district court for further proceedings consistent with this opinion.”
“We agree and, on that basis, affirm the denial of Wilson's petition on the merits.”
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