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RUSS v. U.S.

No. 94-3798.

62 F.3d 201 (1995)

James L. RUSS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1995.

Attorney(s) appearing for the Case

Gregory A. Friedman, Jr. (argued), Sheldon S. Gomberg, John P. Potter, Chicago, IL, for plaintiff-appellant.

Young B. Kim (argued), Asst. U.S. Atty., Office of the U.S. Atty., Civ. Div., Thomas P. Walsh, Asst. U.S. Atty., Ramune R. Kelecius, Civ. Div., Chicago, IL, for defendant-appellee.

Before BAUER and RIPPLE, Circuit Judges, and REYNOLDS, District Judge.

BAUER, Circuit Judge.

James Russ brought an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674, seeking damages for injuries he sustained following a struggle with two officers at the Veterans Administration (V.A.) hospital where Russ was a patient. After a bench trial, the district court decided in favor of the United States. Russ appeals the decision.

On January 3, 1990, Russ voluntarily checked...

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