UNITED STATES

v.

UNITED SCOTTISH INSURANCE CO. ET AL.; DAVIS ET AL. V. SCHERER; WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY V. JOHNSON ET AL.; UNITED STATES V. MORTON; TRAVAGLIA V. PENNSYLVANIA; HANDY V. PECK; PATTERSON V. HEFFRON ET AL.; ARNOLD V. SOUTH CAROLINA; PLATH V. SOUTH CAROLINA; PERSHE V. IRIZARRY ET AL.

Citator

Cited By

• Wood v. Ostrander, 879 F.2d 583 (9th Cir. 1989)
  …lified, Immunity State officials cannot be held liable for damages under section 1983 unless their conduct violates a clearly established constitutional right. Davis v. Scherer, 468 U.S. 183, 194, 104 S.Ct. 3012, 3019, 82 L.Ed.2d 139, reh’g denied, 468 U.S. 1226, 105 S.Ct. 26, 82 L.Ed.2d 919 (1984). Officials are entitled to qualified immunity if their conduct is objectively reasonable “ ‘as measured by reference to clearly established law.’ ” Id. at 191, 104 S.Ct. at 3017 (quoting Harlow v. Fitzgerald, 4…
• B & F Trawlers, Inc. v. United States, 841 F.2d 626 (5th Cir. 1988)
  …claims, in the same manner and to the same extent as a private individual under like circumstances[.]’’, 28 U.S.C. § 2674. . But see United States v. Varig Airlines, 467 U.S. 797, 815 n. 12, 104 S.Ct. 2755, 2765 n. 12, 81 L.Ed.2d 660, reh’g denied, 468 U.S. 1226, 105 S.Ct. 26, 82 L.Ed.2d 919 (1984) (Court’s analysis rendered unnecessary its consideration of governmental assertion that FAA aircraft certification was a core governmental function not actionable under the FTCA). Cf. Canadian Aviator, Limited…
• Chotin Transp., Inc. v. United States, 819 F.2d 1342 (6th Cir. 1987)
  …or policy decision implicit to invoking the exemption as intended by Congress. The government's reliance upon United States v. S.A. Empresa De Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 104 S.Ct. 2755, 81 L.Ed.2d 660, reh’g denied, 468 U.S. 1226, 105 S.Ct. 26, 82 L.Ed.2d 919 (1984), to support its application of the discretionary exemption to the facts of this case was misplaced. Varig Airlines reaffirmed the Court’s earlier interpretation of § 2680(a) articulated in the seminal case of Dal…