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First Circuit· 7/31/1997

Magee v. United States

Citations

  • 121 F.3d 1
  • 1997 U.S. App. LEXIS 19877
  • 1997 WL 419551

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Neither party may rely on ... unsubstantiated denials ... to demonstrate either the existence or absence of an issue of fact.”
  • district court must first determine whether exception precludes claim and then, if not, whether a private actor would be liable under the circumstances
  • VA drivers licensing program did not reguire psychologists to follow particular course of conduct
  • decisions about specific medical treatment fall outside protection of discretionary function exception
  • “Neither party may rely on conclusory allegations or unsubstantiated denials, but must identify specific facts derived from the pleadings, depositions, answers to interrogatories, admissions, and affidavits to demonstrate either the existence or absence of an issue of fact.”
  • absence of particularized course of conduct left discretion to employees

Source: CourtListener parenthetical corpus (CC0).

Judges: Stahl, Lynch, O'Toole

Read full opinion on CourtListener

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

13 cases in this archive are cited by this case.

Other cases named Magee v. United States

14 other CourtListener records share this case name.

Sourced 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.