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FLAMMIA v. UNITED STATES

No. 83-1597.

739 F.2d 202 (1984)

Harold H. FLAMMIA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 1984.

Attorney(s) appearing for the Case

Stolhandske, Simmons & Stolhandske, Cornel W. Walker, William F. Stolhandske, San Antonio, Tex., for plaintiff-appellant.

Lawrence J. Souza, Joseph E. Scuro, Jr., San Antonio, Tex., for amicus curiae San Antonio Police Officers Assn., et al.

Edward C. Prado, U.S. Atty., Raymond A. Nowak, Asst. U.S. Atty., San Antonio, Tex., for defendant-appellee.

Before POLITZ, WILLIAMS, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant Harold H. Flammia, Jr., a San Antonio, Texas police officer, brought this action against the United States to recover damages for injuries he sustained when he was shot by Francisco Diaz-Tirce ("Diaz"), a Cuban national who was admitted into this country by the Immigration and Naturalization Service ("INS"). The district court determined that it lacked subject matter jurisdiction of appellant's claims in light of the discretionary...

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