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MANUEL v. U.S.

No. 94-1485.

50 F.3d 1253 (1995)

Michael A. MANUEL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and International Marine Carriers, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 1995.

Attorney(s) appearing for the Case

ARGUED: Jesse Marden Suit, III, Rutter & Montagna, Norfolk, VA, for appellant. Peter Francis Frost, Trial Atty., Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellee. ON BRIEF: Frank W. Hunger, Asst. Atty. Gen., Helen F. Fahey, U.S. Atty., Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellee.

Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

DONALD RUSSELL, Circuit Judge:

This case raises the legal question of whether a seaman on a public vessel, owned by the United States but operated by a private operating agent, can bring a claim against the agent, instead of the United States, for arbitrarily and willfully denying his requests for maintenance and cure. The choice of defendants is important because the seaman cannot seek punitive damages against the United States. We conclude that...

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