Legal Opinion

Ramon Garcia Maria Morfin Garcia v. United States of America, U.S. Dept. Of Justice & I & Ns

Court of Appeals for the Ninth Circuit

Decided September 2, 1987No. 86-2645PublishedCited by 53 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

The memorandum disposition filed July 28, 1987, is redesignated as an authored opinion by Judge Beezer. See the attached opinion.

OPINION

The United States appeals from judgment assessing liability under the Federal Tort Claims Act (FTCA) for damages to Ramon and Maria Garcia. Ramon Garcia, a citizen of Mexico, was shot when he threatened Walter Hummel, a border patrol agent of the Immigration and Naturalization Service, with a stick and rock in an effort to compel Hummel to release a prisoner Hummel arrested on United States soil. Because Hummel did not forfeit his right…

2Cases cited36 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Tennessee v. GarnerSupreme Court of the United States · 1985
  4. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  5. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984

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3Cited by53 opinions

  1. Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
  2. Maria Salim, Administratrix of the Estate of Eric Reyes, I/o v. William ProulxCourt of Appeals for the Second Circuit · 1996
  3. Estate of Lopez Ex Rel. Lopez v. GelhausCourt of Appeals for the Ninth Circuit · 2017
  4. A.G. Ex Rel. Grundemann v. Paradise Valley Unified School District No. 69Court of Appeals for the Ninth Circuit · 2016
  5. Nguyen v. United StatesCourt of Appeals for the Eleventh Circuit · 2009

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