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PIECHOWICZ v. U.S.

Nos. 88-2099, 88-2100.

885 F.2d 1207 (1989)

Cheryl Ann PIECHOWICZ, Individually and as Personal Representative of the Estate of David Scott Piechowicz; Sherrie Marie Waldrup, a minor by Cheryl Ann Piechowicz, her mother and next friend; Melva Kennedy, "to the use of Walter Piechowicz" "to the use of Florence Piechowicz" "to the use of Reliance Insurance Company"; John I. Kennedy, Jr., Individually and as Personal Representative of the Estate of Susan C. Kennedy, Plaintiffs-Appellants, v. UNITED STATES of America; James Savage, Individually and as Assistant United States Attorney for the District of Maryland; John Ryan, Individually and as an Agent of the Drug Enforcement Administration of the United States, Defendants-Appellees. Cheryl Ann PIECHOWICZ, Individually and as Personal Representative of the Estate of David Scott Piechowicz; Sherrie Marie Waldrup, a minor by Cheryl Ann Piechowicz, her mother and next friend; John I. Kennedy, Jr., Individually and as Personal Representative of the Estate of Susan C. Kennedy; Melva Kennedy, "to the use of Walter Piechowicz" "to the use of Florence Piechowicz" "to the use of Reliance Insurance Company", Plaintiffs-Appellants, v. UNITED STATES of America; James Savage, Individually and as Assistant United States Attorney for the District of Maryland; John Ryan, Individually and as an Agent of the Drug Enforcement Administration of the United States, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1989.

Attorney(s) appearing for the Case

Stephen Norman Goldberg (Cohn & Goldberg, Daniel J. Dregier, Jr., Allewalt & Murphy, P.A., Baltimore, Md., on brief) for plaintiffs-appellants.

John Frederick Cordes, Jr. (John R. Bolton, Asst. Atty. Gen., Breckinridge L. Willcox, U.S. Atty., Jay S. Bybee, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., on brief) for defendants-appellees.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

ERVIN, Chief Judge:

This action pits a number of plaintiffs, understandably grieved at the murder of two relatives by a contract killer, against the United States and two of its agents, whom the plaintiffs believe did too little to prevent the tragedy. The district court dismissed the action on the defendants' motions, holding them immune from suit for the challenged decisions. We have every sympathy for the plaintiffs' loss, but must agree with the district court...

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