· 7/27/2001
Rafael Medina v. United States of America, No. 00-2156
Citations
- 259 F.3d 220
- 2001 U.S. App. LEXIS 16921
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that intentional tort claims under § 2680(h) must also clear the discretionary function hurdle under § 2680(a)
- holding that a malicious prosecution claim under the FTCA was barred by the discretionary function exception
- holding that the government is liable under the FTCA “in the same respect as a private person under the law of the place where the act occurred”
- noting that the starting point of analysis is that \federal officials do not possess discretion to violate constitutional rights or federal statutes\
- finding that Plaintiff must first overcome the discretionary function determination before the Court considers the intentional tort exception
- noting that the starting point of the discretionary function exception analysis is that “federal officials do not possess discretion to violate constitutional rights or federal statutes”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, King, Smalkin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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