Legal Opinion
Marbley v. United States
District Court, District of Columbia
Decided July 12, 1985No. Civ. A. 85-0668PublishedCited by 5 opinions
1Opinion of the Court
ORDER GRANTING SUMMARY JUDGMENT
BARRINGTON D. PARKER, District Judge.
The plaintiff, Harlan T. Marbley, seeks damages for the wrongful death of his wife, pursuant to the Federal Tort Claims Act (“FTCA” or “Act”), 28 U.S.C. §§ 1346(b), 2671 et seq. The government has moved to dismiss, or alternatively, for summary judgment on several grounds: the action is barred by the federal statute of limitations, FTCA’s waiver of sovereign immunity does not include claims arising out of assault or battery, and that security procedures employed at the place where the deceased died are discretionary…
2Cases cited13 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- United States v. ShearerSupreme Court of the United States · 1985
- Lillie v. ThompsonSupreme Court of the United States · 1947
- Rufus A. Garrett, Administrator of the Estate of Ronald Keith Garrett v. United StatesCourt of Appeals for the Sixth Circuit · 1981
- Helen Jenkins Kington, Widow of Joe D. Kington, Jr. v. United StatesCourt of Appeals for the Sixth Circuit · 1968
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3Cited by5 opinions
- Elias Attallah, Violeta Lajam De Attallah, and the Conjugal Partnership They Comprise v. United StatesCourt of Appeals for the First Circuit · 1992
- David Johnston, Individually and as Representative of the Estate of Richard J. Johnston Gloria Johnston v. United StatesCourt of Appeals for the Fifth Circuit · 1996
- Wheeler v. Boston Housing AuthorityMassachusetts Appeals Court · 1993
- Attallah v. United StatesDistrict Court, D. Puerto Rico · 1991
- Bembenista v. United StatesDistrict Court, District of Columbia · 1988