Legal Opinion

Staton v. United States

District Court, W.D. Virginia

Decided June 13, 1983No. Civ. A. 80-0013-CPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

TURK, Chief Judge.

On November 28, 1977, United States Park Ranger Douglas M. Bowen shot and killed three dogs, owned by plaintiff, in the Shenandoah National Park. Plaintiff thereafter sued the United States for damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. (FTCA). After a non-jury trial, this court entered judgment for the defendant, ruling that the acts complained of were “discretionary,” and therefore not actionable. 28 U.S.C. § 2680(a). The Court of Appeals reversed, holding that the shootings were not discretionary. Staton v. United…

2Cases cited19 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. Laird v. NelmsSupreme Court of the United States · 1972
  3. United States v. Clark Eugene HeffnerCourt of Appeals for the Fourth Circuit · 1970
  4. Hutcheson v. MisenheimerSupreme Court of Virginia · 1938
  5. Greear v. Noland CompanySupreme Court of Virginia · 1955

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3Cited by1 opinion

  1. Ayala v. HagemannNew York Supreme Court · 2000

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