Stepp v. United States

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Eastern District of Virginia dismissing for lack of jurisdiction a civil action instituted against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b). The lower court held that the" action was barred by the provisions of 28 U.S.C. § 2680(h), which provides in part: “The provisions of this chapter and section 1346(b) of this title shall not apply to * * * (h) Any claim arising out of assault, battery * * The action was instituted by William V. Stepp, Sr., as Administrator…