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PESNELL v. ARSENAULT

No. 04-56721.

490 F.3d 1158 (2007)

David PESNELL, Plaintiff-Appellant, v. Jeffrey ARSENAULT, a natural person acting under color of federal law; Janet R. Lintz, a natural person acting under color of federal law; Thomas P. Gallagher, a natural person acting under the color of federal law; Douglas J. Morgan, a natural person acting under color of federal law, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2007.

Attorney(s) appearing for the Case

Ronald J. Tocchini and Jason M. Sherman, Tocchini & Associates PC, Roseville, CA, for the appellant.

Robert I. Lester and Sharla Cerra, Assistant United States Attorneys, Los Angeles, CA, for the appellees.

Before: PROCTER HUG, JR., HARRY PREGERSON, and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge CLIFTON.

HUG, Circuit Judge.

This case involves the issue of when an action brought under the Federal Tort Claims Act ("FTCA") bars a later proceeding against the federal employees whose acts or omissions gave rise to the FTCA claims. We hold that the FTCA claims were dismissed for lack of jurisdiction and that the subsequent claims against the...

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