Douglas Glynn PAYTON, Administrator of the estate of Sheryl Lynn Payton, deceased, et al., Plaintiffs-Appellants,
v.
The UNITED STATES of America, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit. Unit B.https://leagle.com/images/logo.png
July 1, 1982.
July 1, 1982.
Attorney(s) appearing for the Case
Edward L. Hardin, Jr., Leon Kelly, Jr., Birmingham, Ala., for plaintiffs-appellants.
Wayne Schmidt, South San Francisco, Cal., Griffin B. Bell, Atlanta, Ga., for amicus curiae, Crime Victims Legal Advocacy Institute, Inc.
Emilia M. DeMeo, Trial Atty., Elois E. Davies, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.
Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., HENDERSON, HATCHETT, ANDERSON and THOMAS A. CLARK, Circuit Judges.
United States Court of Appeals, Fifth Circuit. Unit B.
HATCHETT, Circuit Judge:
Appellants bring this wrongful death action under the Federal Tort Claims Act (FTCA)1 charging the United States with negligence resulting from the parole of a dangerously psychotic prisoner, who subsequently murdered appellants' decedent. The district court dismissed appellants' complaint due to lack of jurisdiction, based on the court's interpretation of the "discretionary acts" exemption to the FTCA, 28 U.S...
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