Legal Opinion
Pesnell v. Arsenault
Court of Appeals for the Ninth Circuit
Decided June 20, 2007No. 04-56721PublishedCited by 3 opinions
1Opinion of the Court
Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge CLIFTON-
HUG, Circuit Judge.
This case involves the issue of when an action brought under the Federal Tort Claims Act (“FTCA”) bars a later proceeding against the federal employees whose *1160acts or omissions gave rise to the FTCA claims. We hold that the FTCA claims were dismissed for lack of jurisdiction and that the subsequent claims against the federal employees are not barred. We reverse the district court’s dismissal of the subsequent action on the ground of procedural bar and remand for consideration of the remaining…
2Cases cited15 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Liteky v. United StatesSupreme Court of the United States · 1994
- United States v. Ruth StudleyCourt of Appeals for the Ninth Circuit · 1986
- Bruce Lee Jorgensen v. Benjamin B. Cassiday, III Salvador Laurel, Bruce Lee Jorgensen v. Benjamin B. Cassiday, III Salvador LaurelCourt of Appeals for the Ninth Circuit · 2003
- Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
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3Cited by3 opinions
- Guerra v. ParamoCourt of Appeals for the Ninth Circuit · 2007
- Heavyhitters v. Nike Inc.Court of Appeals for the Ninth Circuit · 2007
- Pesnell v. ArsenaultCourt of Appeals for the Ninth Circuit · 2007