United States Ninth Circuit

In an appeal from a judgment of the district court dismissing plaintiff's complaint for battery against the US government and his Navy surgeon, judgment is affirmed where Section 1089(e) of the Gonzalez Act does not waive the government's sovereign immunity for common law battery claims.

Appellate Information

• Decided 11/23/2011
• Published 11/23/2011

Judges

• TALLMAN, Before DIARMUID F. O'SCANNLAIN, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven Alan Levin, Agat, Guam, pro se plaintiff-appellant.


• For Appellees:
  
• Daniel Tenny, United States Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.