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TSOLMON v. U.S.

No. 15-20609.

841 F.3d 378 (2016)

Amarsaikhan TSOLMON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed November 7, 2016.

Attorney(s) appearing for the Case

Gregory Romanovsky , Romanovsky Law Offices, Boston, MA, for Plaintiff-Appellant.

Steve I. Frank , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Fred Turner Hinrichs , U.S. Attorney's Office, Houston, TX, for Defendant-Appellee.

Before KING, SMITH, and COSTA, Circuit Judges.

The Federal Tort Claims Act (FTCA) waives sovereign immunity for many torts committed by federal employees. The statute's "discretionary function" exception preserves the federal government's immunity, however, when an employee's acts involve the exercise of judgment or choice. United States v. Gaubert,

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