United States Ninth Circuit

Dismissal of an action against the government under the Federal Tort Claims Act (FTCA) for damages resulting from an allegedly negligent miscalculation of plaintiff's late husband's release date from parole is affirmed where the district court did not run afoul of the "law of the case" doctrine when it examined subject matter jurisdiction under the FTCA, and plaintiff's claim arose out of false imprisonment and therefore was barred by 28 U.S.C. section 2680(h).

Appellate Information

• Argued 10/16/2006
• Decided 11/14/2006
• Published 11/14/2006

Judges

• Before SUSAN P. GRABER, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carter C. White, Supervising Attorney, and Sean Strauss, Certified Law Student, King Hall Civil Rights Clinic, U.C. Davis School of Law, Davis, CA, for the plaintiff-appellant.


• For Appellees:
  
• Claire T. Cormier, Assistant United States Attorney, San Jose, CA, for the defendant-appellee.