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SMITH v. U.S.

No. 99-1397.

196 F.3d 774 (1999)

Sarah D. SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1999.

Attorney(s) appearing for the Case

Thomas S. Stewart (argued), Burroughs, Hepler, Broom, MacDonald & Hebrank, Edwardsville, IL, for plaintiff-appellant.

W. Charles Grace, Office of U.S. Attorney, Criminal Div., Fairview Heights, IL, Lowell Sturgill (argued), Department of Justice, Civil Division, Appellate Section, Robin D. Smith, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for defendant-appellee.

Before POSNER, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Sarah D. Smith brought this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Ms. Smith claimed that, while she was serving as a private first class in the United States Army, the Government negligently supervised her drill sergeant, who committed a series of sexual assaults against her. She also claimed that other officers failed to protect her from that drill sergeant. The district court held that it was...

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