SMITH

v.

HEINZE, WARDEN

Citator

Cited By

• Panella v. United States, 216 F.2d 622 (2d Cir. 1954)
  …it was sought to hold the Government liable on a negligence theory for assaults committed by government employees. See Moos v. United States, D.C.Minn.1954, 118 F.Supp. 275; cf. Jones v. United States, 2 Cir., 1953, 207 F. 2d 563; certiorari denied 347 U.S. 921, 74 S.Ct. 518. In this case, however, a negligence action is not merely an alternative form of remedy to an action for assault but negligence is rather the essence of the plaintiff’s claim. To illustrate: in one case a person is assaulted by a gov…
• Solon B. Clark, Jr. v. United States, 218 F.2d 446 (9th Cir. 1954)
  …ort Claims Act any claim arising out of misrepresentation. Misrepresentation as used in this section has been held to include negligent as well as intentional misrepresentation. Jones v. United States, 2 Cir., 1953, 207 F. 2d 563, certiorari denied, 347 U.S. 921, 74 S.Ct. 518; National Mfg. Co. v. United States, 8 Cir., 1954, 210 F. 2d 263, 275-276, certiorari denied, 347 U.S. 967, 74 S.Ct. 778. And in addition it appears that under Oregon law no recovery may be had for negligent misrepresentation. Medford…
• Johnson v. United States, 788 F.2d 845 (2d Cir. 1986)
  …it was sought to hold the Government liable on a negligence theory for assaults committed by government employees. See Moos v. United States, D.C.Minn.1954, 118 F.Supp. 275; cf. Jones v. United States, 2 Cir., 1953, 207 F. 2d 563; certiorari denied 347 U.S. 921, 74 S.Ct. 518 [98 L.Ed. 1075]. In this case, however, a negligence action is not merely an alternative form of remedy to an action for assault but negligence is rather the essence of the plaintiff’s claim. “To illustrate: in one case a person is as…