· 4/3/2013
Jose Davila v. USA
Citations
- 713 F.3d 248
- 2013 WL 1337387
- 2013 U.S. App. LEXIS 6749
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a plaintiff seeking jurisdictional discovery is only “entitled to [that] discovery if the record shows that the requested discovery is . . . likely to produce the facts needed to withstand a Rule 12(b)(1
- stating that a plaintiff seeking jurisdictional discovery is only “entitled to [that] discovery if the record shows that the requested discovery is . . . likely to produce the facts needed to withstand a Rule 12(b)(1
- refusing discovery because the plaintiff' failed to allege any “well-pleaded facts or evidence to refute the government’s assertion ... that no [nondiscretionary] policy exists”
- finding a protective sweep constitutional when the suspects where handcuffed and kneeling on the ground throughout it
- finding § 2680(c) did not apply because the detention of goods had ceased before the alleged tortious conduct took place
- finding a protective sweep justified because the rangers “had reasonable suspicion that a fleeing felon might . . . have weapons in the vehicle”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Dennis, Clement
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.