Legal Opinion

Daniels v. United States

District Court, E.D. North Carolina

Decided March 14, 1979No. 78-1-Civ-8PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

DUPREE, District Judge.

John and Brenda Daniels bring this action under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. (FTCA), alleging agents of the United States tortiously assaulted, battered, arrested and imprisoned them while they were visiting Seymour Johnson Air Force Base in Goldsboro, North Carolina. Cross motions for summary judgment are presently pending before the court and address two essential issues: (1) whether 28 U.S.C. § 2680(h) (as amended in 1974) sanctions liability against the United States merely upon a showing that security…

2Cases cited26 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Monroe v. PapeSupreme Court of the United States · 1961
  4. McMahon v. United StatesSupreme Court of the United States · 1951
  5. State v. MobleySupreme Court of North Carolina · 1954

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3Cited by4 opinions

  1. Mohammad Sami v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1979
  2. Rory W. White v. Carroll W. Hardy, the United States of America, Edward Moore, and Coastal Cab Co., Inc.Court of Appeals for the Fourth Circuit · 1982
  3. DeLong v. United StatesDistrict Court, D. Alaska · 1984
  4. Extraterritorial Apprehension by the Federal Bureau of Investigation, Department of Justice Office of Legal Counsel1980

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