Legal Opinion

Sabow v. United States

Court of Appeals for the Ninth Circuit

Decided August 28, 1996No. 94-56634PublishedCited by 138 opinions

1Opinion of the Court

MICHAEL DALY HAWKINS, Circuit Judge:

Appellants appeal the district court’s decision to dismiss their Federal Tort Claims Act (“FTCA”) claims for lack of subject matter jurisdiction and failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm in part and reverse in part.

I. FACTS

This appeal arises out of the unfortunate death of decorated Marine Corps Colonel James E. Sabow and the subsequent investigation of that death by military authorities. *1449Because the case comes to us after its dismissal for lack of subject matter jurisdiction and for failure to state a…

2Cases cited25 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. Schware v. Board of Bar Examiners of NMSupreme Court of the United States · 1957
  4. Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
  5. Davidson v. City of WestminsterCalifornia Supreme Court · 1982

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3Cited by138 opinions

  1. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar, Plaintiff-Appellee/cross-Appellant, and Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue v. United States of America Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation, Stuart Lee, Defendant-Appellant/cross-Appellee, Kenneth Freeman, Defendant-Cross-Appellee. United States of America, Amicus Curiae. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue, Plaintiffs-Appellees/cross-Appellants v. United States of America, Defendant-Appellant/cross-Appellee, and Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation Stuart LeeCourt of Appeals for the Tenth Circuit · 2005
  2. Carlos Zelaya v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
  3. Sloan v. United States Department of Housing & Urban DevelopmentCourt of Appeals for the D.C. Circuit · 2001
  4. Ecology Center v. CastanedaCourt of Appeals for the Ninth Circuit · 2009
  5. Cramer v. Consolidated Freightways Inc.Court of Appeals for the Ninth Circuit · 2001

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