Aguilar v. Drug Enforcement Agency

MEMORANDUM *

The United States appeals a district court judgment in favor of Eneida Aguilar, her children, and her parents-in-law, all of whom are the statutory beneficiaries of Eneida’s husband, David Aguilar. The beneficiaries brought suit under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., after David was shot and killed by James Laverty, a Special Agent of the Drug Enforcement Administration.

An advisory jury found, and the district court agreed, that the government should be hable for David’s death because Laverty was not acting in self-defense when he shot David. The…