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KING v. UNITED STATES

No. 17-2101.

49 F.4th 991 (2022)

James KING, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendants, Douglas Brownback; Todd Allen, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 21, 2022.

Attorney(s) appearing for the Case

ON BRIEF: Patrick Jaicomo , Anya Bidwell , Keith Neely , INSTITUTE FOR JUSTICE, Arlington, Virginia, D. Andrew Portinga , MILLER JOHNSON, Grand Rapids, Michigan, for Appellant. Michael Shih , Mark B. Stern , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

ROGERS, J., delivered the opinion of the court in which BOGGS, J., joined. CLAY, J. (pp. 994-1000), delivered a separate dissenting opinion.

OPINION

This case dealing with the Federal Tort Claims Act (FTCA) judgment bar is on remand from the Supreme Court, and we must determine whether our published holding in Harris v. United States, 422 F.3d 322 (6th Cir. 2005), should be overruled based on language in three...

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