Legal Opinion

Abernathy v. United States

Court of Appeals for the Eighth Circuit

Decided September 9, 1985No. 84-1957PublishedCited by 24 opinions

1Opinion of the Court

BOWMAN, Circuit Judge.

On May 20, 1979, Scottie Abernathy was beaten to death by Thomas Voice with a baseball bat. Voice is an epileptic with organic brain syndrome who has been treated by the Indian Health Service and by the Bureau of Indian Affairs Department of Social Services, and who once was taken into custody by a Bureau of Indian Affairs policeman on charges of assault and battery. Larry Abernathy filed suit under the Federal Tort Claims Act on behalf of the estate of his son, Scottie Abernathy. The complaint alleged that because the United States had knowledge of Voice’s violent…

2Cases cited11 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
  3. Lipari v. Sears, Roebuck & Co.District Court, D. Nebraska · 1980
  4. Floyd A. Wright v. United States of America, and Nathan Fletcher, Malcolm S. Segal and Does I Through XxiiiCourt of Appeals for the Ninth Circuit · 1983
  5. Miller v. StevensSouth Dakota Supreme Court · 1934

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Debra Horta v. Charles B. SullivanCourt of Appeals for the First Circuit · 1993
  2. Higgins v. Salt Lake CountyUtah Supreme Court · 1993
  3. Santana v. Rainbow Cleaners, Inc.Supreme Court of Rhode Island · 2009
  4. Lather v. Beadle CountyCourt of Appeals for the Eighth Circuit · 1989
  5. Catalina Collazo v. United StatesCourt of Appeals for the First Circuit · 1988

19 more not listed; retrieve them via the Exa API.

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