Legal Opinion
Garcia v. United States
Court of Appeals for the Fifth Circuit
Decided November 12, 1985No. 85-2244PublishedCited by 43 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The Garcias sued the federal government and its agencies under the Federal Tort Claims Act alleging negligence in the su*117pervision of a military recruiter who is alleged to have engaged in sex acts with Evelyn Garcia, a young potential recruit. The district court dismissed the complaint holding that the government has not consented to claims arising out of assaults and batteries. We affirm.
I
Because this is an appeal from dismissal under Rule 12 we accept the Garcias’ statement of facts. Evelyn Garcia was a student at a high school in Houston, Texas and…
2Cases cited10 opinions
- United States v. ShearerSupreme Court of the United States · 1985
- Wilmot v. WalkerSupreme Court of the United States · 1980
- Ronald Gibson v. United StatesCourt of Appeals for the Third Circuit · 1972
- Frank J. Underwood, as Administrator of the Estate of Shirley Underwood Dunn, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- Shearer, Louise, Ind. And as Administratrix of the Estate of Shearer, Vernon, Deceased v. United States of America C/o Peter F. Vaira, U.S. AttorneyCourt of Appeals for the Third Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Thigpen v. United StatesCourt of Appeals for the Fourth Circuit · 1986
- Robert C. Guccione v. United StatesCourt of Appeals for the Second Circuit · 1988
- John Doe, Alexis Doe v. United StatesCourt of Appeals for the Seventh Circuit · 1988
- Jolly v. KleinDistrict Court, S.D. Texas · 1996
- Cynthia Elaine Satterfield, Administratrix of the Estate of Charles Arthur Hulstine v. United StatesCourt of Appeals for the Sixth Circuit · 1986
38 more not listed; retrieve them via the Exa API.