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Federal Torts Claims Act

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Myles v. United States, No. 20-55910, 2022 U.S. App. LEXIS 24811 (9th Cir. Sep. 2, 2022)

(The Federal Tort Claim Act's discretionary function immunity did not shield the United States from liability for the alleged conduct of its employees in maliciously instigating false state court criminal charges against plaintiff (in retaliation for her whistleblowing).  The employees' alleged conduct in knowingly lying under oath, tampering with witnesses, or fabricating evidence to support the false criminal charges had… Read More

Simmons v. Himmelreich

28 USC 2676, which bars tort judgments against individual federal employees when a judgment has been entered in favor of the federal government for the same tort, does not apply to a case excepted from the Federal Tort Claims Act under the discretionary function exception; so the plaintiff, having lost against the government, remains free to sue the individual officers… Read More