Legal Opinion
Patrick Kearney v. United States
Court of Appeals for the Ninth Circuit
Decided April 17, 1987No. 85-6393PublishedCited by 20 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
Patrick Kearney appeals a summary judgment for the defense, applying the assault and battery exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(h), to bar recovery from the government for the wrongful death of his wife, Sheree, at the hands of Army Private Jaime Medrano.
In August 1980, Medrano had been assigned to the Army Retraining Brigade at Camp Funston, Fort Riley, Kansas, for an undisclosed military violation and while so assigned was arrested and charged with the rape of an army enlisted woman. 1 After investigation, the army restricted Me-drano to his…
2Cases cited15 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. MunizSupreme Court of the United States · 1963
- United States v. ShearerSupreme Court of the United States · 1985
- United States v. BrownSupreme Court of the United States · 1954
- Thigpen v. United StatesCourt of Appeals for the Fourth Circuit · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sheridan v. United StatesSupreme Court of the United States · 1988
- Mr. & Mrs. Doe Parents No. 1 v. State, Department of EducationHawaii Supreme Court · 2002
- Ronald Glade v. United StatesCourt of Appeals for the Seventh Circuit · 2012
- Robert C. Guccione v. United StatesCourt of Appeals for the Second Circuit · 1988
- John Doe, Alexis Doe v. United StatesCourt of Appeals for the Seventh Circuit · 1988
15 more not listed; retrieve them via the Exa API.