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United States Ninth Circuit


Toomer v. US, 08-56749

In a wrongful death action based on the death of an individual outside a military base after having been at a nightclub on the base's premises, summary judgment for defendant is affirmed where, under California law, the U.S.'s duty to protect plaintiff from foreseeable criminal conduct extended only to the base, not to the restaurant where the killing occurred, which was outside the United States' ownership and control.

Appellate Information

  • Decided 08/18/2010
  • Published 08/18/2010

Judges

  • Betty B. Fletcher

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Sean T. O'Bryan, Steve B. Chu

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