United States Ninth Circuit

In a suit brought under the Federal Tort Claims Act (FTCA) involving alleged governmental-drugging activity, grant of the government's motion for judgment based on partial findings in a bench trial is affirmed over plaintiff's claims of error regarding: 1) inferences required under Fed. R. Civ. P. 52 and findings as to whether plaintiff carried his burden of proof; 2) an adverse inference against the government; and 3) a refusal to impose preclusive sanctions.

Appellate Information

• Argued 05/18/2006
• Decided 06/26/2006
• Published 06/26/2006

Judges

• KOZINSKI, Circuit Judge., Before BETTY B. FLETCHER, ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sidney Bender, Leventritt Lewittes & Bender, New York, NY, for the plaintiff-appellant.


• For Appellees:
  
• Owen P. Martikan, Assistant United States Attorney, San Francisco, CA, for the defendants-appellees.