Lesa M. Primeaux v. United States

with whom WOLLMAN, Chief Judge, McMILLIAN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges, join.

The court’s opinion is directly contrary to the holding of the United States Supreme Court in Williams v. United States, 350 U.S. 857, 76 S.Ct. 100, 100 L.Ed. 761 (1955). In addition, the court now sets a new precedent not only in this circuit, but throughout the United States, in departing from uniform interpretation of federal law.1 The court now finds that regardless of state law as to vicarious liability, Congress has limited liability under the FTCA to a wooden interpretation of “scope of…