United States Fifth Circuit

In a Federal Tort Claims Act (FTCA) action against the U.S. alleging that federal agents used excessive force against plaintiff, judgment for defendants is affirmed where: 1) because agents' actions were privileged under Texas law, those actions did not constitute an assault for which the U.S. would be liable under the FTCA; and 2) the district court's finding that the agents' alleged negligence was not the proximate cause of plaintiff's injuries was not clearly erroneous.

Appellate Information

• Decided 10/29/2009
• Published 10/29/2009

Judges

• KING, Circuit Judge:, Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William A. Brewer, III, Charles Dunham Biles (argued), Michael Joseph Collins, Bickel & Brewer, Dallas, TX, for Plaintiff-Appellant., Daniel Shane Read (argued), Dallas TX, for U.S.