Legal Opinion

Mesa v. United States

Court of Appeals for the Eleventh Circuit

Decided October 7, 1997No. 96-4724PublishedCited by 46 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

This case arises out of the service of an arrest warrant on the wrong man. The appellants contend that law enforcement officers failed to properly ascertain the identity of the person on whom the arrest warrant was served. Because we conclude that the appellants’ claim is barred by the Federal Tort Claims Act’s discretionary function exception, we affirm the district court’s dismissal of this case for lack of subject matter jurisdiction.

I. FACTS AND PROCEDURAL HISTORY

Appellants Pedro Pablo Mesa, Mercedes Mesa, Maria Luz Galdeano, Carlos Galdeano, and David Galdeano…

2Cases cited9 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Berkovitz v. United StatesSupreme Court of the United States · 1988
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. Nell D. Autery, as Administratrix of the Estate of Roy Franklin Autery Charlotte Schreiner v. United StatesCourt of Appeals for the Eleventh Circuit · 1993

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3Cited by46 opinions

  1. Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  2. Hart v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  3. Carlos Zelaya v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
  4. Nguyen v. United StatesCourt of Appeals for the Eleventh Circuit · 2009
  5. State Treasurer of the State of Michigan, Public School Employees' Retirement System, Custodian of v. Harold v. Barry, Barry n.p.-500, L.P.Court of Appeals for the Eleventh Circuit · 1999

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