United States v. Edward Lepatourel and Valerie Lepatourel

HENLEY, Circuit Judge.

This case was originally heard by a panel 1 of this court which held that the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80, applies to a federal judge performing an official, but nonjudicial, function. Under that decision the appellants, Edward and Valerie LePatourel, were time-bárred from suing United States District Judge Robert V. Denney in tort for injuries they received in a three-car accident which involved the Judge. The accident had occurred when the Judge’s car was hit from behind and pushed forward into the LePatourel vehicle. Judge Denney was…