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GUERRA MORALES v. U.S.

No. 03-1743.

416 F.3d 458 (2005)

Juan-Jose GUERRA MORALES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 27, 2005.

Attorney(s) appearing for the Case

ARGUED: Vernon R. Johnson, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, for Appellant. William L. Woodard, United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Vernon R. Johnson, James J. Harrington IV, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, for Appellant. William L. Woodard, Mary S. Rigdon, United States Attorney, Detroit, Michigan, for Appellee.

Before: NELSON and COOK, Circuit Judges; WEBER, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

This is an appeal from a judgment for the United States in an assault-and-battery action brought against it under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1) and 2671 et seq. Sitting as the trier of fact, the district court found that a federal agent was in reasonable fear for her life when she shot and seriously injured the plaintiff. We are not...

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