Legal Opinion

McCloskey v. Mueller

Court of Appeals for the First Circuit

Decided May 16, 2006No. 05-2690PublishedCited by 136 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal arises out of a tragic series of events that culminated in the murder of Philip McCloskey. The co-administrators of the victim’s estate sought damages from both the federal government and the murderer, Gary Lee Sampson. The district court dismissed their action. See McCloskey v. Mueller, 385 F.Supp.2d 74, 88 (D.Mass.2005). Because there is no principled way that the frontiers of tort law can be expanded to encompass the theory of liability that the co-administrators have premised on these horrific facts, we affirm the order of dismissal.

I. BACKGROUND

Because…

2Cases cited40 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  3. District of Columbia v. CarterSupreme Court of the United States · 1973
  4. Rodi v. Southern New England School of LawCourt of Appeals for the First Circuit · 2004
  5. Wilfredo Martinez, A/K/A Wilfredo Martinez Rodriguez v. Rafael Colon, A/K/A Rafael Colon PizarroCourt of Appeals for the First Circuit · 1995

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3Cited by136 opinions

  1. Nisselson v. LernoutCourt of Appeals for the First Circuit · 2006
  2. Giragosian v. RyanCourt of Appeals for the First Circuit · 2008
  3. Merlonghi v. United StatesCourt of Appeals for the First Circuit · 2010
  4. Fothergill v. United StatesCourt of Appeals for the First Circuit · 2009
  5. Puerto Ricans for Puerto Rico Party v. DalmauCourt of Appeals for the First Circuit · 2008

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

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