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VILLAFRANCA v. U.S.

No. 08-10920.

587 F.3d 257 (2009)

Enrique VILLAFRANCA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 28, 2009.

Attorney(s) appearing for the Case

William A. Brewer, III, Charles Dunham Biles (argued), Michael Joseph Collins, Bickel & Brewer, Dallas, TX, for Plaintiff-Appellant.

Daniel Shane Read (argued), Dallas TX, for U.S.

Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.

KING, Circuit Judge:

Plaintiff-appellant Enrique Villafranca appeals the district court's judgment, following a bench trial, that he take nothing on his assault and negligence claims against the United States under the Federal Tort Claims Act. The district court determined that the federal agents did not commit an assault against Villafranca because they used reasonable force to effect a lawful arrest. The district court also found that the agents' alleged negligence...

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