Legal Opinion

Scott Bailey v. United States of America, Department of the Army Corps of Engineers

Court of Appeals for the Seventh Circuit

Decided September 14, 1994No. 93-1549PublishedCited by 13 opinions

1Opinion of the Court

ILANA DIAMOND ROVNER, Circuit Judge.

Scott Bailey filed suit against the federal government under the Federal Tort Claims Act for the injuries he suffered while diving in a flood control lake managed by the U.S. Army Corps of Engineers in Southern Illinois. The district court dismissed the case for lack of subject matter jurisdiction, concluding that the Flood Control Immunity Act of 1928 rendered the government immune from suit. In light of our opinion in Fryman v. United States, 901 F.2d 79 (7th Cir.), cert. denied, 498 U.S. 920, 111 S.Ct. 295, 112 L.Ed.2d 249 (1990), we vacate the judgment…

2Cases cited17 opinions

  1. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
  2. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
  3. United States v. JamesSupreme Court of the United States · 1986
  4. Robert E. Denham, Cross-Appellant v. United States of America, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  5. Kyle Hayes v. The United States of AmericaCourt of Appeals for the Fourth Circuit · 1978

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  2. Frey v. City of HerculaneumCourt of Appeals for the Eighth Circuit · 1995
  3. Frey v. City Of HerculaneumCourt of Appeals for the Eighth Circuit · 1995
  4. Daniel A. Boudreau v. United StatesCourt of Appeals for the Fifth Circuit · 1995
  5. Perez v. BrownUnited States Court of Appeals for Veterans Claims · 1996

8 more not listed; retrieve them via the Exa API.

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