In a Federal Tort Claims Act (FTCA) action against the U.S. alleging that federal agents used excessive force against plaintiff, judgment for defendants is affirmed where: 1) because agents’ actions were privileged under Texas law, those actions did not constitute an assault for which the U.S. would be liable under the FTCA; and 2) the district court’s finding that the agents’ alleged negligence was not the proximate cause of plaintiff’s injuries was not clearly erroneous.
Read Villafranca v. US, No. 08-10920
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Filed October 28, 2009
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