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DIAZ v. U.S.

No. 98-4015.

165 F.3d 1337 (1999)

Lillian DIAZ, as Personal Representative of the Estate of Alejandro Diaz, on behalf of herself and Alexander Diaz, a minor child, Plaintiff-Appellant, v. UNITED STATES of America, Jose A. Gay, et al. Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 29, 1999.

Attorney(s) appearing for the Case

Todd R. Schwartz, Ginsberg & Schwartz, Miami, FL for Plaintiff-Appellant.

Marc Fagelson, Asst. U.S. Dist. Atty., Adalberto Jordan, Evelio J. Yera, Asst. U.S. Dist. Atty., Miami, FL for Defendants-Appellees.

Before ANDERSON and DUBINA, Circuit Judges, and FAY, Senior Circuit Judge.

FAY, Senior Circuit Judge:

Appellant Lillian Diaz filed a wrongful death claim under the Federal Tort Claims Act for damages allegedly caused by the negligent treatment of her husband, Alejandro Diaz, by the Federal Bureau of Prisons ("BOP") psychologists and staff, which resulted in his suicide. The district court granted the government's motion for summary judgement, holding that the claim was barred by the Act's statute...

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