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ESCALERA-SALGADO v. U.S.

No. 17-1838.

911 F.3d 38 (2018)

Santos ESCALERA-SALGADO; Olga Pagán-Torres; J.E.P., Minor; D.E.P., Minor, Plaintiffs, Appellants, v. UNITED STATES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 19, 2018.

Attorney(s) appearing for the Case

Guillermo Ramos Luiña , San Juan, PR, for appellants.

Brad Hinshelwood , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Chad A. Readler , Acting Assistant Attorney General, Rosa Emilia Rodríguez-Vélez , United States Attorney, and Mark B. Stern , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, were on brief, for appellee.

Before Torruella, Thompson, and Kayatta, Circuit Judges.

Santos Escalera-Salgado, his wife, and their two minor children sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, seeking to recover damages for injuries suffered when a Department of Homeland Security agent shot Escalera during the execution of a search warrant at...

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