Collins v. United States
District Court, E.D. Pennsylvania
1Opinion of the Court
MEMORANDUM
JOSEPH S. LORD, III, District Judge.
This is an action under the Federal Tort Claims Act,-28 U.S.C.A. §§ 1346, 2671 et seq. The complaint alleges that on November 15, 1963, an employe of the Post Office, one Brosz, acting in the scope of his employment, “pushed, hit and struck” the plaintiff. The complaint alleges that the United States was negligent in hiring and retaining Brosz in its employ when it knew or should have known of his “violent, vicious and malicious propensities.” The defendant has moved to dismiss under F.R.Civ.P. 12(b) (6).
Section 2680(h) of Title 28 provides:
“The…
2Cases cited1 opinion
- Arnold Panella v. United StatesCourt of Appeals for the Second Circuit · 1954
3Cited by33 opinions
- Ronald Gibson v. United StatesCourt of Appeals for the Third Circuit · 1972
- 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
- Liuzzo v. United StatesDistrict Court, E.D. Michigan · 1981
- Davidson v. KaneDistrict Court, E.D. Virginia · 1972
- Naisbitt v. United StatesCourt of Appeals for the Tenth Circuit · 1980
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