John Misany v. United States

HARLINGTON WOOD, Jr., Circuit Judge.

John Misany sued the United States on September 18, 1985 under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671-80, for injuries resulting from the temporary loss of his Army personnel file. The trial judge granted summary judgment for the United States. We affirm.

I. FACTUAL BACKGROUND

The facts are not in dispute. In the district court, both parties moved for summary judgment and the district judge summarized the facts from Misany’s complaint:

John Misany served in the United States Army from 1976 to 1982. After his honorable discharge, Mr. Misany…