Legal Opinion
Miele v. United States
Court of Appeals for the Second Circuit
Decided September 3, 1986No. 900, Docket 85-6403PublishedCited by 11 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
Recently, a plurality of the Supreme Court stated that a plaintiff assaulted by a government employee may not frame his complaint against the United States in terms of negligent failure either to prevent the injury or to supervise the government employee. United States v. Shearer, — U.S.-, 105 S.Ct. 3039, 3042, 87 L.Ed.2d 38 (1985). We adopted this plurality position in Johnson v. United States, 788 F.2d 845 (2d Cir.1986), and held that the plain language of 28 U.S.C. § 2680(h) (1982) prohibits a plaintiff from dressing an assault and battery suit in negligence…
2Cases cited8 opinions
- United States v. ShearerSupreme Court of the United States · 1985
- Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United StatesCourt of Appeals for the Second Circuit · 1986
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Williams v. . HaysNew York Court of Appeals · 1894
- Masters v. BeckerAppellate Division of the Supreme Court of the State of New York · 1964
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Owen Kugel v. United StatesCourt of Appeals for the D.C. Circuit · 1991
- 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
- Wagner v. StateUtah Supreme Court · 2005
- Wright v. University of UtahCourt of Appeals of Utah · 1994
6 more not listed; retrieve them via the Exa API.