Charles M. Vander v. United States Dep't of Just. Fed. Bureau of Prisons, W. Reg'l Off. United States of Am., 268 F.3d 661 (9th Cir. 2001). · Go Syfert
Charles M. Vander v. United States Dep't of Just. Fed. Bureau of Prisons, W. Reg'l Off. United States of Am., 268 F.3d 661 (9th Cir. 2001). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 9 distinct courts.
Strongest positive: (PC) Gelazela v. United States (caed, 2025-05-15)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
cited Cited as authority (rule) (PC) Gelazela v. United States
E.D. Cal. · 2025 · confidence medium
United States v. Muniz, 374 U.S. 150, 158 (1963); 20 Vander v. United States Dep't of Justice, 268 F.3d 661, 663 (9th Cir. 2001).
discussed Cited as authority (rule) (PC) Howard v. Unknown
E.D. Cal. · 2025 · confidence medium
United States v. Demko, 385 U.S. 149 , 150-54 28 (1966); Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 664 (9th Cir. 2001). 1 Plaintiff seeks relief in this case for work-related injuries because his neck and spine was 2 injured when he was working at the prison.
discussed Cited as authority (rule) Kaahanui-Moniz v. Hendrix
D. Or. · 2024 · confidence medium
“The Prison Industries Fund may be used to compensate ‘inmates ... for injuries suffered in any industry or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined.” Vander v. U.S. Dep't of Justice, 268 F.3d 661, 663 (9th Cir. 2001) (quoting 18 U.S.C. § 4126 (c)).
discussed Cited as authority (rule) (PC) Donaldson v. Garland (2×)
E.D. Cal. · 2022 · confidence medium
(ECF No. 29 at 3.) 24 In reply, defendant reiterates that “[w]hen a prisoner is injured on the job, he cannot bring 25 an action against the United States under the FTCA for that injury or for negligence by United 26 States agents regarding the treatment of that injury.” (ECF No. 30 at 1) (quoting Vander v. U.S. 27 Dep’t of Justice, 268 F.3d 661, 664 (9th Cir. 2001).
discussed Cited as authority (rule) Oscar Sandoval v. United States
C.D. Cal. · 2021 · confidence medium
The Ninth Circuit has 12 highlighted that the IACA remedy “is the sole source of compensation for the injury; its 13 remedy is exclusive.” Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001). 14 In Vander, where a prisoner asserted that officials provided negligent medical care after he 15 aggravated a preexisting injury in his prison job, the Ninth Circuit held that “[w]hen a 16 prisoner is injured on the job, he cannot bring an action against the United States under the 17 FTCA for that injury or for negligence by United States agents regarding the treatment of 18 that…
discussed Cited as authority (rule) (PC) Van Gessel v. Moore
E.D. Cal. · 2021 · confidence medium
Here plaintiff’s allegations fail to state a claim 23 under the FTCA because the Ninth Circuit has held that claims related to work-place injuries and “negligence of prison officials in supplying medical care for [those work-place injuries]” are 24 barred by the Inmate Accident Compensation Act, which, as the pending findings and recommendations clearly and correctly outline, provides the Prison Industries Fund as “the sole 25 source of compensation for the injury . . . .” Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001) (citing United States v. Demko, 385 U.S. 14…
discussed Cited as authority (rule) (PC) Van Gessel v. Moore
E.D. Cal. · 2021 · confidence medium
“When a prisoner is injured on the job, he cannot bring an action against the United 10 States under the FTCA for that injury or for negligence by United States Agents regarding 11 treatment of that injury.” Vander v. U. S. Dept. of Justice, 268 F.3d 661, 664 (9th.
discussed Cited as authority (rule) Pinson v. Dukett
D. Ariz. · 2020 · confidence medium
Thus, relief under the FTCA may be 1 sought for negligent acts or omissions of employees or agents of the federal government. 2 See Vander v. United States Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001); Westbay 3 Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
discussed Cited as authority (rule) Sunday's Child, LLC v. Irongate Azrep Bw LLC
9th Cir. · 2020 · confidence medium
In determining whether a grant of summary judgment is proper, this court “review[s] the record as a whole.” Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001) (citations omitted). 4 Irongate, (2) advised Irongate that Sunday’s Child had the “right” to “get back” its excess deposits less costs and fees, and (3) told Irongate that he needed a tolling agreement to protect Sunday’s Child’s claims.
discussed Cited as authority (rule) Gardner v. United States
D. Maryland · 2017 · confidence medium
See also United States v. Demko, 385 U.S. 149, 152-53 , 87 S.Ct. 382 , 17 L.Ed.2d 258 (1966) (“Until Congress decides differently we accept the prison-compensation law as an adequate substitute for a system of recovery by common-law torts.”); Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663-64 (9th Cir. 2001) (IACA exclusive remedy for work-related injuries to inmates); Wooten v. United States, 825 F.2d 1039, 1044 (6th Cir. 1987) (same); Aston v. United States, 625 F.2d 1210, 1211 (5th Cir. Unit B 1980) (same); Granade v. United States, 356 F.2d 837, 844 (2d Cir. 1966) (same; cifed wit…
cited Cited as authority (rule) James Tennier v. Wells Fargo Bank
9th Cir. · 2016 · confidence medium
Ctr., 675 F.3d 1233 , 1235 n.l (9th Cir. 2012) (quoting Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001)).
cited Cited as authority (rule) Friedman v. Live Nation Merchandise, Inc.
9th Cir. · 2016 · confidence medium
In determining whether there is sufficient evidence to support a grant of summary judgment, we “review[ ] the record as a whole.” Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001).
discussed Cited as authority (rule) Curley v. Wells Fargo & Co.
N.D. Cal. · 2015 · confidence medium
Admittedly, although Curley’s declaration does not expressly state whether Cur-ley submitted the 2007 tax return before the expiration of the TPP offer, the Court is required to “draw[ ] all reasonable inferences in favor of the nonmoving party[.]” Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001).
cited Cited as authority (rule) Drew v. Equifax Information Services, LLC
9th Cir. · 2012 · confidence medium
Vander v. United States Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001) (citation omitted).
discussed Cited as authority (rule) Samper v. PROVIDENCE ST. VINCENT MEDICAL CENTER
9th Cir. · 2012 · confidence medium
“We review the district court's grant of summary judgment de novo [and] ... affirm the decision to grant summary judgment when, reviewing the record as a whole and drawing all reasonable inferences in favor of the nonmoving party, we find no genuine issue of material fact.” Vander v. United States Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001) (citations omitted). 2 .
discussed Cited as authority (rule) United States v. Karl Chromy (2×) also: Cited "see"
9th Cir. · 2011 · confidence medium
Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001).
cited Cited as authority (rule) Martinez v. United States
C.D. Cal. · 2010 · confidence medium
United States v. Muniz, 374 U.S. 150, 158 , 83 S.Ct. 1850, 1855 , 10 L.Ed.2d 805 (1963); Vander v. United States Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001).
discussed Cited as authority (rule) Cooleen v. Lamanna
3rd Cir. · 2007 · confidence medium
See, e.g., Wooten v. United States, 825 F.2d 1039, 1044 (6th Cir.1987) (“Section 4126 is also the exclusive remedy when a work-related injury is subsequently aggravated by negligence and malpractice on the part of prison officials.”); Vander v. Dep’t of Justice, 268 F.3d 661, 664 (9th Cir.2001) (“ ‘Despite the appellant’s allegation that the negligence of the hospital worker occasioned further injuries, for which he seeks damages, he is barred from litigating the matter under the Federal Tort Claims Act since the cause of his original injury was work-related and compensable under 1…
discussed Cited as authority (rule) Crowell v. United States
9th Cir. · 2004 · confidence medium
The Prison Industries Fund may be used to compensate “inmates ... for injuries suffered in any industry or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined.” 18 U.S.C. § 4126 (c). “ ‘Section 4126 [of the Prison Industries Fund] is ... the exclusive remedy when a work-related injury is subsequently aggravated by negligence and malpractice on the part of prison officials.’ ” Vander v. United States, 268 F.3d 661, 663-64 (9th Cir.2001) (quoting Wooten v. United States, 825 F.2d 1039, 1044 (6th Cir.1987)); see al…
cited Cited as authority (rule) Woodworth v. United States
9th Cir. · 2002 · confidence medium
See United States v. Demko, 385 U.S. 149, 152-53 , 87 S.Ct. 382 , 17 L.Ed.2d 258 (1966); Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001).
cited Cited "see" Urmancheev v. United States
S.D. Cal. · 2022 · signal: see · confidence high
See Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001); 22 Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
cited Cited "see" Wilson v. Lewicky
D. Ariz. · 2020 · signal: see · confidence high
See Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 12 2001); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
discussed Cited "see, e.g." Larry Johnson v. Federal Bureau of Prisons
9th Cir. · 2012 · signal: see also · confidence medium
See 28 C.F.R. § 301.303 (a), (f) (absent a demonstration of good cause, a claim under the IACA must be filed no more than sixty days after the inmate’s release); see also Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001) (IACA is the exclusive remedy for prisoners injured during penal employment).
Retrieving the full opinion text from the archive…
Charles M. VANDER, Plaintiff-Appellant,
v.
UNITED STATES DEPARTMENT OF JUSTICE; Federal Bureau of Prisons, Western Regional Office; United States of America, Defendants-Appellees
Mary Kay Jackson, Pasadena, California, for the plaintiff-appellant., Peter J. Sholl, Assistant United States Attorney, San Diego, California, for defendants-appellees.
Fernandez, Kleinfeld, McKEOWN.
Cited by 23 opinions  |  Published
FERNANDEZ, Circuit Judge:

Charles M. Vander commenced this Federal Tort Claims Act (FTCA) action against the United States for injuries he received while he was an inmate at the Federal Correctional Institution at Saf-ford, Arizona. 28 U.S.C. §§ 1346(b), 2671-2680. The district court granted summary judgment against him because he was injured while working on a prison work detail and, as a result, he was limited to the federal inmate compensation scheme. See 18 U.S.C. § 4126(c). We affirm.

[*663] BACKGROUND

Before Vander was incarcerated, his knee had been injured. Nevertheless, he was given work with Prison Industries where he strained his knee again and aggravated the preexisting injury. He sought medical help, and while the authorities recognized that he had an injury, they delayed obtaining the treatment to which he was entitled. Even after surgery was recommended, still more delays ensued, and by the time Vander was accorded the necessary surgery, the damage was beyond complete repair. Earlier intervention probably would have been much more successful.

Vander brought this action to recover for the exacerbation of the injury which was caused by the alleged negligence of prison officials in supplying the care and treatment that he was entitled to. He did not sue for the on-the-job injury itself. Nevertheless, the government moved for summary judgment on the basis that any recovery for the injury was limited to the compensation fund process. The district court agreed, and Vander appealed.

STANDARD OF REVIEW

We review the district court’s grant of summary judgment de novo. Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1108 (9th Cir.2000). We will affirm the decision to grant summary judgment when, reviewing the record as a whole and drawing all reasonable inferences in favor of the nonmoving party, we find no genuine issue of material fact. Id.; see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-52, 106 S.Ct. 2505, 2510-12, 91 L.Ed.2d 202 (1986).

DISCUSSION

As we have already stated, Vander brought this action under the FTCA on the theory that prison-official negligence after he was injured on the job exacerbated that injury.

There can be no doubt that if Vander were suing for the job injury itself, his claim would be barred. The Prison Industries Fund may be used to compensate “inmates ... for injuries suffered in any industry or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined.” 18 U.S.C. § 4126(c). That is the sole source of compensation for the injury; its remedy is exclusive. See United States v. Demko, 385 U.S. 149, 152-53, 87 S.Ct. 382, 384-85, 17 L.Ed.2d 258 (1966); Aston v. United States, 625 F.2d 1210, 1211 (5th Cir.1980). But, Vander claims, he is not suing for that injury; he is suing for the separate negligence of prison officials in supplying medical care for the injury. As he points out, in general, prisoners can sue under the FTCA for injuries caused by prison-official negligence. See United States v. Muniz, 374 U.S. 150, 158, 83 S.Ct. 1850, 1855, 10 L.Ed.2d 805 (1963). Thus, Vander argues, he should be able to recover here.

Logic offers some support for his position, but law does not. Where a doctor, for example, gives negligent treatment to an injury, one would expect to be able to sue the doctor for that negligence. However, the regulations under § 4126(c) provide that as far as the United States is concerned, “[c]ompensation may ... be paid for work-related injuries or claims alleging improper medical treatment of a work-related injury.” 28 C.F.R. § 301.301(b).

As other circuits have pointed out, that means that “[s]ection 4126 is ... the exclusive remedy when a work-related injury is subsequently aggravated by negligence and malpractice on the part of pris[*664] on officials.... ” Wooten v. United States, 825 F.2d 1039, 1044 (6th Cir.1987). Or, as the Fifth Circuit put it, “[d]espite the appellant’s allegation that the negligence of the hospital worker occasioned further injuries, for which he seeks damages, he is barred from litigating the matter under the Federal Tort Claims Act since the cause of his original injury was work-related. Thompson v. United States, 495 F.2d 192, 193 (5th Cir.1974) (per curiam). District courts have said the same thing. See Byrd v. Warden, Fed. Det. Headquarters, 376 F.Supp. 37, 38-39 (S.D.N.Y.1974); Jewell v. United States, 274 F.Supp. 381, 382-83 (N.D.Ga.1967).

Vander argues that the Sixth Circuit did not actually apply that rule in Wooten. Actually, it did. As quoted above, the court stated the rule in no uncertain terms. After that, it did go on to say that Wooten could recover for nonwork-related injuries. He had alleged that he had been forced to perform nonwork-related tasks, and did not receive proper treatment for those injuries. Id. at 1045. He could recover for those, said the court, and the district court was directed to disentangle the nonwork-related injuries from the work-related injuries. Id. That neither deviates from the general rule nor helps Vander.

We are bolstered in this conclusion by the fact that the compensation scheme for federal employees has been interpreted in precisely the same way, and § 4126(c) directs that prisoners are not to receive compensation for injuries which is greater than that available under the Federal Employees’ Compensation Act. See 5 U.S.C. § 8101-8152. Liability to federal employees under that Act is “exclusive and instead of all other liability of the United States.” 5 U.S.C. § 8116(c). We have interpreted that to mean that the Act “took away [employees’] right to sue the government in tort for medical malpractice arising out of the injury, as well as for the injury itself.” Lance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995). Other circuits have reached the same conclusion. See Noble v. United States, 216 F.3d 1229, 1235-36 (11th Cir.2000); McCall v. United States, 901 F.2d 548, 550-551 (6th Cir.1990); Gold v. United States, 387 F.2d 378, 379 (3d Cir.1967); Balancio v. United States, 267 F.2d 135, 137 (2d Cir.1959).

CONCLUSION

When a prisoner is injured on the job, he cannot bring an action against the United States under the FTCA for that injury or for negligence by United States agents regarding the treatment of that injury. The FTCA action is barred by 18 U.S.C. § 4126(c) and the regulations thereunder.

AFFIRMED.