Larca v. United States

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts

New York Law Journal

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Judge Jesse Furman

Larca was sentenced in April 2007 to 63 months in prison after pleading guilty to racketeering. In June 2007 he was transferred to the Federal Correctional Institution in Elkton, Ohio, (FCI Elkton), where he was diagnosed with and treated for colitis caused by a bacterial infection. Some treatment occurred at Salem Community Hospital in Ohio. In 2009, Larca was transferred to a correctional facility in Butner, N.C. On Nov. 27, 2009, he was transferred to the Federal Medical Center in Butner (FMC Butner). While in North Carolina, he underwent surgery that was followed by complications. In 2010, Larca was transferred to New York, where he completed sentence. Larca's June 2011 suit under the Federal Tort Claims Act alleged negligent misconduct, and medical and hospital malpractice, by FCI Elkton and FMC Butner. District court transferred action to the Northern District of Ohio. The complained of acts and omissions occurred in Ohio's Northern District, where Larca could also have sued Ohio resident Salem. Other than domicile, nothing connected Larca's lawsuit to New York. Virtually all witnesses, documents and events critical to Larca's lawsuit are in Ohio and were in Ohio when he was allegedly misdiagnosed and mistreated.

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