context: . Plaintiff's Second Amended Complaint also alleges violations of the fourth and fourteenth amendments to the constitution. However, plaintiff does not press these alleged constitutional violations as independent grounds for relief.
citation_a.signal: see
citation_a.identifier: 588 F.2d 319, 327-28
citation_a.parenthetical: violation of federal constitutional right not a separate ground for relief under Federal Tort Claims Act
citation_a.sentence: See Birnbaum v. United States, 588 F.2d 319, 327-28 (2d Cir.1978) (violation of federal constitutional right not a separate ground for relief under Federal Tort Claims Act); cf. Carlson v. Green, 446 U.S. 14, 20, 23, 100 S.Ct. 1468, 1472, 1474, 64 L.Ed.2d 15 (1980) (victim of intentional misconduct by federal officials may bring Federal Tort Claims Act action against United States, as well as Bivens action against officials alleged to have infringed constitutional rights, but only if state in which the misconduct occurred would permit a cause of action for that misconduct).
citation_b.signal: cf.
citation_b.parenthetical: victim of intentional misconduct by federal officials may bring Federal Tort Claims Act action against United States, as well as Bivens action against officials alleged to have infringed constitutional rights, but only if state in which the misconduct occurred would permit a cause of action for that misconduct
citation_b.sentence: See Birnbaum v. United States, 588 F.2d 319, 327-28 (2d Cir.1978) (violation of federal constitutional right not a separate ground for relief under Federal Tort Claims Act); cf. Carlson v. Green, 446 U.S. 14, 20, 23, 100 S.Ct. 1468, 1472, 1474, 64 L.Ed.2d 15 (1980) (victim of intentional misconduct by federal officials may bring Federal Tort Claims Act action against United States, as well as Bivens action against officials alleged to have infringed constitutional rights, but only if state in which the misconduct occurred would permit a cause of action for that misconduct).