Jeremy Pourier, Special Adm'r of the Est. of Patricia Pourier v. United States, 138 F.3d 1267 (8th Cir. 1998). · Go Syfert
Jeremy Pourier, Special Adm'r of the Est. of Patricia Pourier v. United States, 138 F.3d 1267 (8th Cir. 1998). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 7 distinct courts.
Strongest positive: Bullock v. Department of Veterans AffairsJohn J. Pershing VA Medical Center (moed, 2025-08-12)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Bullock v. Department of Veterans AffairsJohn J. Pershing VA Medical Center
E.D. Mo. · 2025 · confidence medium
Pourier v. United States, 138 F.3d 1267, 1268 (8th Cir. 1998).6 To the extent Plaintiff is pursuing an appeal with the Department of Labor regarding the denial of her claims under FECA, she cannot proceed with her claims in this Court.7 And judicial review is not one of the avenues of appeal from the OWCP, as Congress has 6 Insofar as the claim is not covered by FECA, the claim is likely preempted by the CSRA, which “established a comprehensive system for reviewing personnel action taken against federal employees.” Elgin v. Dep't of Treasury, 567 U.S. 1, 5 (2012) (citation and quotation om…
discussed Cited as authority (rule) Keirsey v. Newton (2×)
E.D. Mo. · 2025 · confidence medium
Pourier v. United States, 138 F.3d 1267, 1267-68 (8th Cir. 1998) (citing, 5 U.S.C. §§ 8102 (a) and 8116(c)). “[C]ourts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies,” Southwest Marine v. Gizoni, 502 U.S. 81, 90 (1991), even if no compensation is awarded.
cited Cited as authority (rule) Russell v. Postmaster General Louis Dejoy
D. Neb. · 2024 · confidence medium
Pourier v. United States, 138 F.3d 1267, 1268 (8th Cir. 1998).
discussed Cited as authority (rule) Colbert v. District of Columbia (2×) also: Cited "see"
D.C. · 2023 · confidence medium
However, we note that the concurring judge was opining essentially on policy grounds and agreed that the “language of the two statutes is very plain.” Gilliam v. United States, 407 F.2d 818, 819 (6th Cir. 1969) (Combs, J., concurring). 18 Michel, 66 F.3d 894, 897-98 (7th Cir. 1995) (holding that a federal employee could not sue the government as a substitute defendant under the Westfall Act); Pourier v. United States, 138 F.3d 1267, 1268 (8th Cir. 1998) (holding that FECA barred suit against the federal government as a substitute defendant for a federal employee under the Indian Self-Deter…
cited Cited as authority (rule) Clayton v. DeJoy
E.D. Mo. · 2020 · confidence medium
Minn. 2015) (quoting Pourier v. United States, 138 F.3d 1267, 1267 (8th Cir. 1998)).
discussed Cited as authority (rule) Taite v. Morin
D.N.H. · 2007 · confidence medium
United States, 138 F.3d 1267, 1268 (3rd Cir. 1998) (FTCA claim against federal contractor and federal government is preempted by FECA).
discussed Cited as authority (rule) Allender v. Scott
D.N.M. · 2005 · confidence medium
Pourier v. U.S., 138 F.3d 1267, 1268 (8th Cir.1998); Walker v. Chugachmiut, 46 Fed.Appx. 421, 423 (9th Cir.2002) ("any” tort claim resulting from the carrying out of an ISDEAA contract would be covered by the FTCA provided that the employee was acting within the scope of employment); Big Crow v. Rattling Leaf, 296 F.Supp.2d 1067, 1070 (D.S.D.2004) (an employee acting within the scope of his employment is covered by the FTCA, even if the emploj'ee was paid by a different self-determination contract than the one under which the claim arose); Trujillo v. U.S., 313 F.Supp.2d 1146, 1150 (D.N.M.20…
cited Cited "see" Lopez v. Ponkilla
W.D. Okla. · 2010 · signal: see · confidence high
See Pourier v. United States, 138 F.3d 1267, 1268 (8th Cir.1998); Walker v. Chugachmiut, 46 Fed.Appx. 421, 423 (9th Cir.2002); Allender v. Scott, 379 F.Supp.2d 1206 , 1216 n. 12 (collecting cases).
Retrieving the full opinion text from the archive…
Jeremy POURIER, Special Administrator of the Estate of Patricia Pourier, Appellant,
v.
UNITED STATES of America, Appellee
97-2391SD.
Court of Appeals for the Eighth Circuit.
Mar 27, 1998.
138 F.3d 1267
1998 U.S. App. LEXIS 5951
1998 WL 136201
Terry Pechota, Rapid City, SD, argued, for Appellant., Rita Haverly, Sioux City, SD, argued (Karen E. Sehreier, U.S.Atty. and Diana Ryan, Rapid City, SD, on the brief), for Appellee.
Fagg, Gibson, Murphy.
Cited by 8 opinions  |  Published
FAGG, Circuit Judge.

Jeremy Pourier brought this Federal Tort Claims Act (FTCA) lawsuit against the United States on behalf of the estate of his late mother, Patricia Pourier. Ms. Pourier, a nurse with the Indian Health Service, died in an ambulance crash. The ambulance driver, Dennis Martinez, was employed by the Ogla-la Sioux Tribe Ambulance Service (the Ambulance Service), an Indian contractor under the Indian Self-Determination Act, 25 U.S.C. §§ 450f-450n (1994). The parties agree that both Martinez and Ms. Pourier were on the job when the accident occurred. On the Government’s motion for summary judgment, the district court dismissed Pourier’s FTCA claim for lack of subject-matter jurisdiction, holding that Pourier’s sole remedy was under the Federal Employees Compensation Act (FECA or the Act). Pourier appeals, and we affirm.

The FECA is a workers’ compensation statute for federal employees. See Lockheed Aircraft Corp. v. United States, 460 U.S. 190, 193-94, 103 S.Ct. 1033, 1036-37, 74 L.Ed.2d 911 (1983). As usual in such legislation, it embodies a compromise: for employees, the right to receive benefits regardless of fault; for the Government, immunity from suit. See id. at 194, 103 S.Ct. at 1036-37. Subject to .some exceptions not relevant here, the Act commits the Government to compensate the work-related disabil[*1268] ity or death of federal employees, see 5 U.S.C. § 8102(a) (1994), but bars every other avenue of relief from the Government for such claims, see id. § 8116(c); Griffin v. United States, 703 F.2d 321, 322 (8th Cir. 1983) (per curiam). Pourier seeks to get around the FECA’s exclusive-liability provision, relying on a Fourth Circuit opinion concerning the Swine Flu Act. See Wallace v. United States, 669 F.2d 947, 954-55 (4th Cir.1982). The Swine Flu Act shielded flu-vaccine manufacturers from liability for vaccine-related injuries, substituting the United States as the legally responsible party. See id. at 950; Pub.L. No. 94-380, 90 Stat. 1113 (1976). In Wallace, a federal employee injured by the vaccine sued the Government under the Swine Flu Act. The Fourth Circuit held the claim was not barred by the FECA because the claim was really directed against the vaccine manufacturer, see id. at 954, and the FECA could not “preclude claims against the United States as substitute defendant for acts or omissions of private third parties,” id. at 955.

Adopting this reasoning, Pourier contends his claim is against the United States only as a substitute defendant for private third parties — Martinez, the Ambulance Service, and the Oglala Sioux Tribe — so the claim cannot be barred by the FECA. Contrary to Pourier’s view, under the facts of this ease the Ambulance Service and the Tribe were part of the federal government, see 25 U.S.C. § 450f(d) (1994), and Martinez was a federal employee, see id. Thus, insofar as Pourier is bringing this FTCA lawsuit against the Ambulance Service and the Tribe, Pourier’s claim is directly against the United States and plainly barred by 5 U.S.C. § 8116(c). Insofar as Pourier is bringing suit against Martinez, the FECA rules out that claim as well. Claims brought by or on behalf of a federal employee for work-related injury or death caused by another federal employee acting within the scope of his or her employment fall exclusively within the FECA. See Ezekiel v. Michel, 66 F.3d 894, 897-98 (7th Cir.1995). Wallace is not inconsistent with our analysis. Unlike the Indian Self-Determination Act, the Swine Flu Act merely substituted the United States as a defendant in place of certain parties without making them part of the federal government in any way. We thus conclude the FECA furnishes Pourier’s exclusive remedy, and the district court properly dismissed Pourier’s lawsuit without prejudice for lack of subject-matter jurisdiction. See Ezekiel, 66 F.3d at 898.

We affirm the judgment of the district court.