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MIELE BY MIELE v. UNITED STATES

No. 900, Docket 85-6403.

800 F.2d 50 (1986)

Joshua Alexander MIELE, an infant, by his father and mother, his joint and several guardians, Jean G. MIELE and Isabella Miele, and Jean Miele individually and derivatively, Plaintiffs-Appellants, v. UNITED STATES of America, Basilio Bouza, Felipe Bouza, Clara Bouza and Bouza Realty Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 3, 1986.

Attorney(s) appearing for the Case

William Fireman, New York City (Julien & Schlesinger, P.C., New York City, of counsel) for plaintiffs-appellants.

Frederick M. Lawrence, Asst. U.S. Atty., S.D.N.Y., New York City, (Rudolph W. Giuliani, U.S. Atty., Steven E. Obus, Asst. U.S. Atty., New York City, of counsel) for defendants-appellees.

Leahy & Johnson, New York City, for defendant-appellee Bouza Realty Corp.

Before KEARSE, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

Recently, a plurality of the Supreme Court stated that a plaintiff assaulted by a government employee may not frame his complaint against the United States in terms of negligent failure either to prevent the injury or to supervise the government employee. United States v. Shearer, 473 U.S. 52, 105 S.Ct. 3039, 3042, 87 L.Ed.2d 38 (1985). We adopted this plurality position in Johnson v. United States...

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