Legal Opinion
Maria Durden v. United States
Court of Appeals for the Fourth Circuit
Decided November 20, 2013No. 19-4752PublishedCited by 79 opinions
1Opinion of the Court
Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER and Judge GREGORY concurred.
FLOYD, Circuit Judge:
On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismiss Durden’s complaint for lack of subject matter jurisdiction and,…
2Cases cited19 opinions
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- Sheridan v. United StatesSupreme Court of the United States · 1988
- Ricardo Antonio Welch, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 2005
- Steve Cooksey v. Michelle FutrellCourt of Appeals for the Fourth Circuit · 2013
- Stein v. Asheville City Board of EducationSupreme Court of North Carolina · 2006
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3Cited by79 opinions
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- Mitchell Evans v. United StatesCourt of Appeals for the Fourth Circuit · 2024
- Sorace Ex Rel. Estate of Sorace v. United StatesCourt of Appeals for the Eighth Circuit · 2015
- Doe v. United StatesDistrict Court, M.D. North Carolina · 2019
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