LM EX REL. KM v. U.S.

No. 02-3583.

344 F.3d 695 (2003)

Lm, Guardian on Behalf of Km, a Minor, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 2003.


Attorney(s) appearing for the Case

Thomas C. Marszewski, Montgomery & Associates, Chicago, IL, for Plaintiff-Appellant.

Lisa M. Noller, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before KANNE, DIANE P. WOOD, and EVANS, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

No one can condone the sexual abuse of a young child. Nevertheless, however deplorable such behavior is, the question here is whether someone other than the perpetrator him- or herself is responsible for the resulting injury. Specifically, we must decide whether the United States is liable under the Federal Tort Claims Act (FTCA) for a mail carrier's sexual abuse of a seven-year-old girl who lived in a home on his mail delivery route...

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