BARRETT EX REL. ESTATE OF BARRETT v. U.S.

No. 05-1905.

462 F.3d 28 (2006)

Estate of Arthur M. BARRETT by Elaine Barrett, In Her Capacity as Administratrix of the ESTATE OF Arthur M. BARRETT, Plaintiff, Appellant, v. UNITED STATES, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 7, 2006.


Attorney(s) appearing for the Case

Earle C. Cooley, with whom Kevin M. Glynn and Cooley Manion Jones LLP were on brief, for appellant.

Joshua Waldman, Appellate Staff Attorney, with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Robert S. Greenspan, Appellate Staff Attorney, were on brief, for United States.

Stephen C. Pfaff, with whom Douglas I. Louison, Merrick, Louison & Costello, LLP, William A. Brown, Alan D. Rose, Alan D. Rose, Jr., Richard E. Bowman, Rose & Associates, Brian P. Fitzsimmons, Hanley, Hassett & Fitzsimmons, LLC, Christine M. Roach, and Roach & Carpenter, PC were on brief, for appellees Roderick Kennedy, Robert Fitzpatrick, James Ring, James Ahearn, and James Greenleaf.

Before LIPEZ and HOWARD, Circuit Judges, and HUG, Senior Circuit Judge.


LIPEZ, Circuit Judge.

This case is the latest in a series of tragic cases arising out of the FBI's mishandling of informants drawn from organized crime. Elaine Barrett (or "Plaintiff"), in her capacity as administratrix of the estate of her deceased husband, appeals from the dismissal of her claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680 (2000), the Fourth and Fifth Amendments to the Constitution, and Massachusetts' wrongful...

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