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ALFREY v. U.S.

No. 00-35838.

276 F.3d 557 (2002)

Jane Largent ALFREY, Personal Representative of the Estate of Thomas Martin Alfrey, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Jane Largent Alfrey, Personal Representative of the Estate of Thomas Martin Alfrey, Plaintiff-Appellant, v. Joseph H. Crabtree, Warden FCI Sheridan; Lt. Kyle Olson, Defendants-Appellees, and Lt. Steven Sales, B. Huerte, R. Kline, Jeffrey C. Sullivan, all employed at FCI Sheridan, and John Doe Nos. 1-3, also employed at FCI Sheridan, all sued individually and as acting as federal officers, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2002.

Attorney(s) appearing for the Case

Linda K. Williams, Portland, Oregon, for the plaintiff-appellant.

Craig J. Casey, Assistant United States Attorney, Portland, Oregon, for the defendant-appellee.

Before: THOMPSON, TASHIMA, and GRABER, Circuit Judges.

Opinion by Judge GRABER; Concurrence in part and dissent in part by Judge TASHIMA

GRABER, Circuit Judge:

In this case, we must decide, first, whether the discretionary-function exception, 28 U.S.C. § 2680(a), bars Plaintiff Jane Largent Alfrey's action against the United States (Government) under the Federal Tort Claims Act (FTCA). Plaintiff alleges that the Government's negligence resulted in the death of her husband, Thomas Martin Alfrey, an inmate...

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