United States Fifth Circuit

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Villafranca v. US, 08-10920

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.