Legal Opinion
Gale v. United States
District Court, D. South Carolina
Decided October 9, 1981No. Civ. A. 77-2130-1, 77-2132-1PublishedCited by 5 opinions
1Opinion of the Court
ORDER
FALCON B. HAWKINS, District Judge.
This matter is before the court on the defendant’s motion for reconsideration of the Order of J une 20, 1980, denying defendant’s motion to dismiss pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. The United States has reiterated its position that this court has no subject matter jurisdiction over the plaintiffs’ claims because they are barred by 28 U.S.C. § 2680(h). That statutory provision precludes recovery under the Federal Tort Claims Act for “any claim arising out of assault [or] battery.”
These causes of action arose out of the rape of…
2Cases cited4 opinions
- Hughes v. United StatesCourt of Appeals for the Fourth Circuit · 1981
- Naisbitt v. United StatesCourt of Appeals for the Tenth Circuit · 1980
- Hughes v. SullivanDistrict Court, E.D. Virginia · 1980
- Gale v. United StatesDistrict Court, D. South Carolina · 1980
3Cited by5 opinions
- Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United StatesCourt of Appeals for the Second Circuit · 1986
- Spaulding v. United StatesDistrict Court, D. Maine · 1985
- Martin John Beattie v. United StatesCourt of Appeals for the D.C. Circuit · 1984
- Martin John Beattie v. United StatesCourt of Appeals for the D.C. Circuit · 1984
- Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United StatesCourt of Appeals for the Second Circuit · 1986