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LEVIN v. U.S.

No. 09-16362.

663 F.3d 1059 (2011)

Steven Alan LEVIN, Plaintiff-Appellant, v. UNITED STATES Of America; Frank M. Bishop, LCDR, MC, USNR 3855, Defendants-Appellees, and Robert Wresch, Movant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2011.

Attorney(s) appearing for the Case

Steven Alan Levin , Agat, Guam, pro se plaintiff-appellant.

Daniel Tenny , United States Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.

Before: DIARMUID F. O'SCANNLAIN, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

After his unsuccessful cataract surgery, Plaintiff-Appellant Steven Levin brought a claim for battery against the United States government and his United States Navy surgeon. The United States invoked the Gonzalez Act, 10 U.S.C. § 1089, immunizing individual military medical personnel from malpractice liability. We consider for the first time in our circuit whether § 1089(e) of the Gonzalez Act waives the government...

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