United States Fourth Circuit

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Durden v. US, 12-2212

Dismissal of plaintiff's Federal Tort Claims Act (FTCA) action against the government alleging that the Army was negligent and liable for the sexual assault against her by a U.S. Army Specialist in her residence on Fort Bragg, is affirmed, where: 1) the complaint fails to establish that the Army breached a duty to plaintiff under North Carolina law; 2) the district court did not abuse its discretion by ruling on the government's motion without granting discovery to plaintiff; but 3) the district court erred in its alternative holding because although the government’s ability to control a tortfeasor must be independent of the tortfeasor's status as a government employee, knowledge of the tortfeasor's propensity for violence or criminal history gained as a result of such status does not, per se, nullify an FTCA claim.

Appellate Information

  • Decided 11/20/2013
  • Published 11/20/2013

Judges

  • FLOYD

Court

  • United States Fourth Circuit

Counsel

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