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MALONE v. U.S.

No. CV 498-082.

61 F.Supp.2d 1372 (1999)

Dawn M. MALONE, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, S.D. Georgia, Savannah Division.

August 27, 1999.

Attorney(s) appearing for the Case

R. Daniel Price, Rincon, GA, for plaintiff.

Kenneth D. Crowder, Augusta, GA, for defendant.

ORDER

NANGLE, District Judge.

Before the Court is defendant's motion to dismiss or alternatively to grant summary judgment. For the reasons that follow, defendant's motions are granted.

Background

Plaintiff, a civilian, asserts a claim in negligence under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. On August 20, 1995, plaintiff was raped, sodomized and beaten by Private E-2 Roderick...

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