Hinson v. United States (Lawyers Weekly No. 002-004-17, 12 pp.) (Terrence Boyle, J.) 514-cv-00877; E.D.N.C. Holding: The discretionary-function exception to the Federal Tort Claims Act’s waiver of sovereign immunity does not apply to an agency’s decision as to when to ...

Tagged with: FTCA

Wood v. U.S. (Lawyers Weekly No. 001-011-17, 22 pp.) (Niemeyer, J.) No. 15-2106, Jan. 4, 2017; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: A Norfolk sheriff’s deputy who was seriously injured during a training session on a Naval ...

Tagged with: FTCA

Raplee v. U.S. (Lawyers Weekly No. 001-165-16, 17 pp.) (Motz, J.) No. 14-1217, Nov. 22, 2016; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit affirms dismissal of plaintiff’s medical malpractice claim filed under the Federal Tort ...

Tagged with: FTCA

Garcia v. United States (Lawyers Weekly No. 002-010-16, 13 pp.) (Louise Flanagan, J.) 4:14-cv-00088; E.D.N.C. Holding: Even though a Marine’s U-turn attempt was legal, since (1) he had been warned that it was a dangerous maneuver, (2) conditions were dark ...

Tagged with: FTCA

Weston v. United States (Lawyers Weekly No. 15-03-0925, 26 pp.) (William Osteen Jr., J.) 1:15-cv-00084; M.D.N.C. Holding: After plaintiff was injured in an auto accident with an employee of the Federal Aviation Administration, a letter from her attorney demanding $3,000 ...

Tagged with: FTCA

Clinton v. Brown (Lawyers Weekly No. 15-04-0844, 11 pp.) (Frank Whitney, J.) 3:15-cv-0048; W.D.N.C. Holding: A constitutional remedy under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), is only available for claims ...

Tagged with: FTCA

Weinraub v. United States Under the Federal Tort Claims Act, the U.S. has waived sovereign immunity for certain intentional torts committed by investigative or law enforcement officers.

Tagged with: FTCA Tort/Negligence

Ignacio v. U.S. A Pentagon police officer who allegedly assaulted a contract security officer assigned to the Pentagon, while the two were stationed at a Pentagon security checkpoint, does not have sovereign immunity from a suit for assault under the Federal Tort Claims Act; the 4th Circuit reverses the district court decision that the U.S. was immune from suit because the police officer was not “engaged in investigative or law enforcement activities” when he allegedly assaulted plaintiff.

Tagged with: Assault FTCA Tort/Negligence

Pittman v. United States Even though the Federal Tort Claims Act does not waive the government’s sovereign immunity with regard to intentional torts, plaintiff has nevertheless stated a claim by alleging that a National Guard sergeant failed to intervene while a specialist under his command gave alcohol to a 17-year-old recruit and engaged in sexual relations with her.

Tagged with: FTCA Tort/Negligence

Cibula v. U.S. In this case in which a family won a multi-million dollar Federal Tort Claim Act award from the U.S. for their child’s brain damage caused by government doctors, the 4th Circuit remands the case for a second time for the Virginia federal district court to grant the government a reversionary interest in the child’s future care award under the controlling California law.

Tagged with: California Law FTCA Medical Malpractice Remedies Tort/Negligence