Legal Opinion
Allender v. Scott
District Court, D. New Mexico
Decided January 27, 2005No. CIV-04-0935 BB/RLPPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
BLACK, District Judge.
This matter comes before the Court for consideration of Defendants Thomas and Panteah’s Motion for Certification (“Motion to Certify”) that they were acting within the course and scope of their employment at the time of the alleged incident which is the basis of the Complaint in this action. The United States (USA) refused to so certify, denying them coverage under the Federal Tort Claims Act (FTCA). This court has jurisdiction to review the USA’s denial of certification under 28 U.S.C. § 2679(d)(3). Gutierrez de Martinez v. Lamagno, 515 U.S. 417, 437,…
2Cases cited39 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Russello v. United StatesSupreme Court of the United States · 1983
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- New York v. United StatesSupreme Court of the United States · 1992
- Printz v. United StatesSupreme Court of the United States · 1997
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3Cited by11 opinions
- Loren Shirk v. United StatesCourt of Appeals for the Ninth Circuit · 2014
- Ronald Colbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
- Herrera v. Santa Fe Public SchoolsDistrict Court, D. New Mexico · 2014
- FELDHEIM v. TurnerDistrict Court, E.D. Virginia · 2010
- Jenkins v. University of MinnesotaDistrict Court, D. Minnesota · 2014
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