Legal Opinion

Hightower v. United States

District Court, S.D. New York

Decided April 26, 2002No. 01 CIV. 3472(CM)PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DISMISSING THE COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION

MCMAHON, District Judge.

In this action, Willie Hightower (“High-tower”), a federal employee with the Department of Veterans Affairs (“VA”), seeks money damages from the United States, and the three individual defendants, based on alleged injuries sustained from mace or pepper spray used against him in the course of his arrest on April 26, 1999. He was arrested after he was stopped on the Montrose VA Hospital campus for driving his automobile in a reckless manner.

As a federal employee, plaintiff…

2Cases cited30 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  5. United States v. TestanSupreme Court of the United States · 1976

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3Cited by27 opinions

  1. Hernandez v. United StatesCourt of Appeals for the Second Circuit · 2019
  2. Aikman v. County of WestchesterDistrict Court, S.D. New York · 2010
  3. Irving v. PAE Government Services, Inc.District Court, E.D. Virginia · 2017
  4. Libbey v. Village of Atlantic BeachDistrict Court, E.D. New York · 2013
  5. Williams v. YoungDistrict Court, S.D. New York · 2011

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