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D.L. BY AND THROUGH JUNIO v. VASSILEV

No. 15-15542.

858 F.3d 1242 (2017)

D.L., a minor BY AND THROUGH his Guardian Ad Litem, Kari Ann JUNIO, Plaintiff-Appellant, v. Margaret VASSILEV, M.D.; Rodolfo Vicente, M.D.; Mark Wiseman, M.D.; Pavel Mundl, M.D.; County of Tulare; Kaweah Delta Healthcare District; Sandra Bosman, M.D.; Lori Ann M. Boken, M.D.; T. Plunkett, RNC; D. Brackett, RNC; B. Brown, RNFA; Christopher Bencomo, M.D., Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2017.

Attorney(s) appearing for the Case

Mark W. Coleman (argued), Nutall & Coleman, Fresno, California, for Plaintiff-Appellant.

Victoria L. Boesch (argued) and Bobbie J. Montoya , Assistant United States Attorneys; United States Attorney's Office, Sacramento, California; for Defendant-Appellee.

Before: Marsha S. Berzon and Richard R. Clifton, Circuit Judges, and Robert S. Lasnik, District Judge.

OPINION

This case presents the question whether, under the Federal Tort Claims Act (FTCA), a plaintiff's initial failure to exhaust his administrative remedies as to a defendant whom the plaintiff reasonably did not know was covered by the FTCA deprives the federal courts of subject-matter jurisdiction over that...

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