Legal Opinion
Levin v. United States
Court of Appeals for the Ninth Circuit
Decided November 23, 2011No. 09-16362PublishedCited by 13 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge:
After his unsuccessful cataract surgery, Plaintiff-Appellant Steven Levin brought a claim for battery against the United States government and his United States Navy surgeon. The United States invoked the Gonzalez Act, 10 U.S.C. § 1089, immunizing individual military medical personnel from malpractice liability. We consider for the first time in our circuit whether § 1089(e) of the Gonzalez Act waives the government’s sovereign immunity for common law battery claims. We hold that it does not, and we affirm the district court’s dismissal of Levin’s complaint for…
2Cases cited12 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. KingSupreme Court of the United States · 1969
- Lane v. PenaSupreme Court of the United States · 1996
- Jimenez v. QuartermanSupreme Court of the United States · 2009
- Lehman v. NakshianSupreme Court of the United States · 1981
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Levin v. United StatesSupreme Court of the United States · 2013
- Al-Haramain Islamic Foundation, Inc. v. ObamaCourt of Appeals for the Ninth Circuit · 2012
- Adams v. Committee on Judicial Conduct & DisabilityDistrict Court, N.D. California · 2016
- Fireman's Fund Ins. v. Plant Insulation Co.District Court, N.D. California · 2012
- Al-Haramain Islamic Foundation v. Barack ObamaCourt of Appeals for the Ninth Circuit · 2012
8 more not listed; retrieve them via the Exa API.