Gregg A. TALLMAN, Appellant, v. Ronald W. REAGAN, Ed Meese, Otis Bowen & Richard Turner, Appellees, 846 F.2d 494 (8th Cir. 1988). · Go Syfert
Gregg A. TALLMAN, Appellant, v. Ronald W. REAGAN, Ed Meese, Otis Bowen & Richard Turner, Appellees, 846 F.2d 494 (8th Cir. 1988). Cases Citing This Book View Copy Cite
23 citation events (3 in the last 25 years) across 10 distinct courts.
Strongest positive: Cadero King v. Frank Bisignano (ca8, 2025-12-09)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Cadero King v. Frank Bisignano
8th Cir. · 2025 · confidence medium
Further, King’s award of SSI did not make him eligible for any retroactive benefits before his 2020 application date, see 20 C.F.R. § 416.335 (earliest month individual can be paid SSI benefits is month following month in which he filed application); and he could not bring a negligence claim against the Social Security Administration based on its handling of his applications, see Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir. 1988) (per curiam) (Social Security Act bars action for negligent handling of disability claim).
discussed Cited as authority (rule) Stanley Smith v. Kenneth Apfel
8th Cir. · 2000 · confidence medium
Louis Police Dep’t, 164 F.3d 1085, 1086 (8th Cir. 1998) (per curiam); and we reject his constitutional arguments as meritless, see Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir. 1988) (per curiam); Earley v. Department of Health & Human Servs., 776 F.2d 782, 785 (8th Cir. 1985) (per curiam); Jenkins v. Heckler, 766 F.2d 383, 385 (8th Cir.) (per curiam) cert. denied, 474 U.S. 945 (1985); and Ginter v. Secretary of Dep’t of Health, Educ., & Welfare, 621 F.2d 313, 313-14 (8th Cir. 1980) (per curiam).
discussed Cited as authority (rule) United States v. Lopez-Serrato
10th Cir. · 1997 · confidence medium
Daniels v. Williams, 474 U.S. 327, 328 (1986); see also Davidson v. Cannon, 474 U.S. 344, 347 (1986); Seamons v. Snow, 84 F.3d 1226, 1234 (10th Cir. 1996) (more than negligence required to trigger due process protections); Archie v. City of Racine, 847 F.2d 1211, 1219-20 (7th Cir. 1988) (same), cert. denied 489 U.S. 1065 (1989); Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir. 1988) (same).
discussed Cited as authority (rule) Puente v. Chater
10th Cir. · 1997 · confidence medium
Such a claim is not cognizable, however, because 42 U.S.C. § 405 (g), which does not contain a damages remedy, is the exclusive method “to recover on any claim arising under” the Social Security Act. 42 U.S.C. § 405 (h); see Weinberger v. Salfi, 422 U.S. 749, 756-61 (1975) (holding § 405(h) bars federal-question jurisdiction of any -4- claim arising under Social Security Act except pursuant to § 405(g)); Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir. 1988) (holding damages action for negligent handling of disability claim under FTCA fails to state a claim because barred by Social Secur…
discussed Cited as authority (rule) Sharon Marie Puente v. John J. Callahan, Acting Commissioner of Social Security
10th Cir. · 1997 · confidence medium
Such a claim is not cognizable, however, because 42 U.S.C. § 405 (g), which does not contain a damages remedy, is the exclusive method "to recover on any claim arising under" the Social Security Act. 42 U.S.C. § 405 (h); see Weinberger v. Salfi, 422 U.S. 749, 756-61 (1975) (holding § 405(h) bars federal-question jurisdiction of any claim arising under Social Security Act except pursuant to § 405(g)); Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (holding damages action for negligent handling of disability claim under FTCA fails to state a claim because barred by Social Security Act);…
discussed Cited as authority (rule) McCaslin v. U.S. Post Office
8th Cir. · 1995 · confidence medium
Charles County, 23 F.3d 1410, 1412 (8th Cir.1994) (to avoid summary judgment, allegations must be substantiated with sufficient probative evidence, not mere speculation or conjecture); Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (per curiam) (only federal officials who actually participate in alleged violations are subject to Bivens actions). 3 To the extent McCaslin challenges the ruling on his FTCA claim, we conclude that dismissal was proper because McCaslin failed to exhaust his claim with the Postal Service.
cited Cited as authority (rule) Bellecourt v. United States
D. Minnesota · 1992 · confidence medium
Rizzo v. Goode, 423 U.S. 362, 371, 376-377 , 96 S.Ct. 598, 604, 606-07 , 46 L.Ed.2d 561 (1976); Tallman v. Regan, 846 F.2d 494, 495 (8th Cir.1988).
discussed Cited as authority (rule) Britt v. Little Rock Police Department
E.D. Ark. · 1989 · confidence medium
In Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988), the Court held that plaintiffs complaint alleged at most gross negligence, “which does not implicate the due process clause.” And, in Myers v. Morris, 810 F.2d 1437, 1468 (8th Cir.1987), the Court interpreted Daniels and Davidson as holding that “allegations that the sheriff or other defendants deprived plaintiffs of procedural or substantive due process interests through negligent or ‘grossly negligent’ conduct does not state a claim under 42 U.S.C. 1983.” On the other hand, in Garza v. City of Omaha, 814 F.2d 553, 556 (8th C…
discussed Cited as authority (rule) Louis Butler O'Neal v. March Fong Eu Roy E. Bailey, Department of Veterans Administration Dorcas T. Hardy, Commissioner of Social Security
9th Cir. · 1989 · confidence medium
See Daniels v. Williams, 474 U.S. 327, 330-31 , 106 S.Ct. 662, 664-65 , 88 L.Ed.2d 662 (1986) (plaintiff must plead more than mere negligence in a 42 U.S.C. § 1983 action); Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (extending Daniels to a Bivens -type action involving gross negligence), Nichols v. Block, 656 F.Supp. 1436, 1442 (D.Mont.1987) (“Daniels is applicable by analogy to a Bivens action against federal officials”); Artis v. Petrovsky, 638 F.Supp. 51, 54 (W.D.Mo.1986) (applying Daniels in a Bivens-type action); see also Schweiker v. Chilicky, — U.S. -, 108 S.Ct. 2460, 24…
cited Cited "see" Lyle W. Bauman Arlien J. Bauman v. United States of America Farmers Home Administration Robert R. Schreurs
8th Cir. · 1994 · signal: see · confidence high
See Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir. 1988) (per curiam) (gross negligence does not implicate Fifth Amendment Due Process Clause).
cited Cited "see" Wag-Aero, Inc. v. United States
E.D. Wis. · 1993 · signal: see · confidence high
See Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988).
cited Cited "see" Douglas Wayne Thompson v. J. R. Williamson
8th Cir. · 1992 · signal: see · confidence high
See Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir. 1988) (per curiam) ("Only federal officials who participate in alleged violations are subject to a Bivens-type suit.") (citation omitted).
cited Cited "see" Hefti v. McGrath
E.D. Mo. · 1992 · signal: see · confidence high
See Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (only federal officials who actually participated in alleged violations are subject to Bivens -type suit).
cited Cited "see" Monahan v. Dorchester Counseling Center, Inc.
D. Mass. · 1991 · signal: see · confidence high
See Tollman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988).
discussed Cited "see" Kent Alexander v. William Perrill and Luis Rivera (2×)
9th Cir. · 1990 · signal: see · confidence high
Rauschenberg v. Williamson, 785 F.2d 985, 988 (11th Cir.1986); Leonhard v. United States, 633 F.2d 599 , 621 n. 30 (2d Cir.1980), cert. denied 451 U.S. 908 , 101 S.Ct. 1975 , 68 L.Ed.2d 295 (1981); see Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (per curiam). 55 In Rauschenberg, for example, a former parolee brought a Bivens action against his former parole officer, alleging, inter alia, that the officer had improperly recommended to the parole board that he undergo psychiatric treatment.
discussed Cited "see, e.g." Sabria v. Commissioner of the Social Security Administration
N.D. Ill. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (pro se plaintiffs FTCA claim based on alleged negligence in processing his SSA application was precluded by the Social Security Act’s exclusive remedies provision); Hooker v. U.S. Dept. of Health and Human Services, 858 F.2d 525 , 529 (9th Cir.1988); Hronek v. Secretary, Dept. of Health, No. Civ.A.CCB-03-330, 2003 WL 24026306 (D.Md.
cited Cited "see, e.g." Nunley v. Department of Justice
W.D. Ark. · 2007 · signal: see, e.g. · confidence medium
See e.g., Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988)(“Only federal officials who participate in alleged violations are subject to a Bivens — type suit.”).
discussed Cited "see, e.g." Gregory v. City of Rogers
8th Cir. · 1990 · signal: see also · confidence medium
Previously, we have held that grossly negligent conduct, like merely negligent conduct, “does not state a claim under 42 U.S.C. § 1983 .” Myers v. Morris, 810 F.2d 1437, 1468-9 (8th Cir.1987); see also Tall-man v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (“Tallman’s complaint alleged at the most gross negligence on the part of appellees, which does not implicate the due process clause.”) (affirming order of dismissal).
discussed Cited "see, e.g." Gregory v. City of Rogers, Arkansas
8th Cir. · 1990 · signal: see also · confidence medium
Sec. 1983 ." Myers v. Morris, 810 F.2d 1437, 1468-9 (8th Cir.1987); see also Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) ("Tallman's complaint alleged at the most gross negligence on the part of appellees, which does not implicate the due process clause.") (affirming order of dismissal).
discussed Cited "see, e.g." Wells v. Walker
unknown court · 1988 · signal: see also · confidence medium
See Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir.1987) ("Negligence does not become 'gross' just by saying so."); see also Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (per curiam) ("[G]ross negligence * * * does not implicate the due process clause" in Bivens-type action.).
discussed Cited "see, e.g." Wells v. Walker
unknown court · 1988 · signal: see also · confidence medium
See Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir.1987) (“Negligence does not become ‘gross’ just by saying so.”); see also Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (per curiam) (“[G]ross negligence * * * does not implicate the due process clause” in Bivens-type action.).
Retrieving the full opinion text from the archive…
21 soc.sec.rep.ser. 541, unempl.ins.rep. Cch 17984.3 Gregg A. Tallman
v.
Ronald W. Reagan, Ed Meese, Otis Bowen and Richard Turner
87-1586.
Court of Appeals for the Eighth Circuit.
May 10, 1988.
846 F.2d 494
Gregg A. Tallman, pro se., John Beamer, Asst. U.S. Atty., Des Moines, Iowa, for appellees.
McMillian, Fagg, Bowman.
Cited by 23 opinions  |  Published
PER CURIAM.

Gregg A. Tallman appeals pro se from a final order entered in the District Court [1] for the Southern District of Iowa dismissing his complaint. For the reasons discussed below, we affirm the judgment of the district court.

Tallman’s action arises out of his application in 1982 for Social Security disability benefits after he was injured in an industrial accident. On August 20, 1986, Tallman filed the instant complaint claiming that Ronald Reagan, Otis Bowen, Ed Meese, Richard Turner, [2] and the United States government deprived Tallman of his constitutional rights and his rights under the Social Security Act. Tallman argued, that at that point, several years had passed since his disability claim was initially filed and he had not yet been awarded benefits,[*495] due to appellees’ negligence in handling his application. Tallman alleged that the delay in receiving benefits caused his injury to worsen, and he sought actual and punitive damages in the amount of ten million dollars.

On November 14, 1986, the district court dismissed Tallman’s complaint. Tallman subsequently filed a “motion to amend judgment” (November 18, 1986), a “motion for continuance” (December 8, 1986), and a “motion for judgment” (April 2, 1987). On April 7, 1987, the same district court entered a final judgment in Tallman’s disability case, reversing the decision of the Secretary of Health and Human Services to deny Tallman disability benefits and ordering the Secretary to pay Tallman benefits past due. On May 7, 1987, the court denied Tallman’s post-judgment motions in the instant action, and this appeal followed.

A complaint should not be dismissed for failure to state a claim “ ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” Kaylor v. Fields, 661 F.2d 1177, 1181 (8th Cir.1981) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). As we read Tallman’s pleadings, we understand his complaint as an attempt to state a Bivens-type [3] constitutional tort action against the individual appellees, and an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674, against the government.

Tallman’s complaint, however, is deficient in several respects. Only federal officials who actually participate in alleged violations are subject to a Bivens-type suit. Laswell v. Brown, 683 F.2d 261, 268 (8th Cir.1982), cert. denied, 459 U.S. 1210, 103 S.Ct. 1205, 75 L.Ed.2d 446 (1983). Tallman did not allege that appellees Reagan, Meese or Bowen actually participated in, nor how appellee Turner may have contributed to, the alleged violations. Tallman’s complaint alleged at the most gross negligence on the part of appellees, which does not implicate the due process clause. See Daniels v. Williams, 474 U.S. 327, 328, 106 S.Ct. 662, 663, 88 L.Ed.2d 662 (1986); Davidson v. Cannon, 474 U.S. 344, 347, 106 S.Ct. 668, 670, 88 L.Ed.2d 677 (1986). The Social Security Act, 42 U.S.C. § 405(h), precludes a FTCA action “to recover on any claim arising under this subchapter.” Cf. Marin v. HEW, Health Care Fin. Agency, 769 F.2d 590, 592 (9th Cir.1985) (FTCA action for damages caused by negligently tardy processing of cost reports barred), cert. denied, 474 U.S. 1061, 106 S.Ct. 808, 88 L.Ed.2d 783 (1986). Finally, we note that in Heckler v. Day, 467 U.S. 104, 104 S.Ct. 2249, 81 L.Ed.2d 88 (1984), the Supreme Court held that Congress, in enacting the Social Security Act, had repeatedly rejected the “imposition of mandatory deadlines on agency adjudication of disputed disability claims.” Id. at 119, 104 S.Ct. at 2257.

Although we are sympathetic to Tallman in that it took several years before he was finally awarded benefits, his complaint in the instant action failed to state a claim upon which relief could be granted.

Accordingly, the judgment of the district court is affirmed.

1

. The Honorable William C. Stuart, Senior United States District Judge for the Southern District of Iowa.

2

. The record indicates that Assistant United States Attorney Richard Turner represented the Secretary of Health and Human Services in Tallman's action for judicial review of the Secretary’s decision to deny benefits.

3

. In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), the Supreme Court recognized a cause of action for damages against federal officials for violation of one’s fourth amendment rights. In Davis v. Passman, 442 U.S. 228, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979), this right was extended to actions arising under the due process clause of the fifth amendment.