Legal Opinion
Duenges v. United States
District Court, S.D. New York
Decided September 22, 1953PublishedCited by 15 opinions
1Opinion of the Court
EDELSTEIN, District Judge.
The Government moves to dismiss the complaint on the ground, among others, that the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., under which suit has been brought, specifically excludes the action. The plaintiff was arrested and imprisoned for desertion from the Army, when in fact he had been honorably discharged, as found by the military tribunal which ultimately exonerated him. The complaint alleges that the Government negligently maintained its records resulting in injuries to the plaintiff in the loss of his freedom,, humiliation, fear, embarrassment…
2Cases cited1 opinion
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
3Cited by15 opinions
- Richard Lambertson v. United StatesCourt of Appeals for the Second Circuit · 1976
- Ortiz v. County of HampdenMassachusetts Appeals Court · 1983
- Brown v. StateSupreme Court of Kansas · 1996
- John W. Morton v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- Connell v. Tooele CityUtah Supreme Court · 1977
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