BENAVIDEZ v. U.S.

No. 97-2313.

177 F.3d 927 (1999)

Mario G. BENAVIDEZ, Plaintiff—Appellant, v. UNITED STATES of America, Defendants—Appellees.

United States Court of Appeals, Tenth Circuit.

May 20, 1999.


Attorney(s) appearing for the Case

Bruce E. Pasternack (Neil R. Blake and Valerie A. Chang with him on the briefs), Pasternack and Blake, P.C., Albuquerque, NM, for Plaintiff—Appellant.

William G. Cole (Frank W. Hunger, Assistant Attorney General, John J. Kelly, United States Attorney, and Robert S. Greenspan with him on the brief), Department of Justice, Washington, D.C., for Defendants—Appellees.

Before and Circuit Judges.


LUCERO, Circuit Judge.

This appeal raises the issue of whether the intentional tort exception to the Federal Tort Claims Act ("FTCA") applies to a suit alleging that a government-employed psychologist negligently mismanaged the patient-therapist relationship by engaging in sexual contact and drug and alcohol abuse with his patient. Concluding that the therapist's actions constituted an intentional tort, the district court dismissed appellant's suit for lack of jurisdiction...

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