United States Third Circuit

The Federal Tort Claims Act does not waive the Unites States' immunity for intentional assaults committed by government employees acting outside the scope of their employment, but plaintiff's claim that the assaulting employee's supervisor failed to stop the assault could result in government liability.

Appellate Information

• Argued 05/11/2004
• Decided 06/16/2004
• Published 06/16/2004

Judges

• Before NYGAARD, McKEE, and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Vincent J. Barbera, (Argued), Barbera, Clapper, Beener, Rullo & Melvin, Somerset, for Appellant.


• For Appellees:
  
• Christine A. Sanner, (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, Rudy Kotor, Johnstown, for Appellees.