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FRIEDENBERG v. LANE COUNTY

No. 21-35078.

68 F.4th 1113 (2023)

Sam FRIEDENBERG, personal representative of the estate of Marc Sanford; Derek Larwick, personal representative of the estate of Richard Bates; Lorre Sanford, an individual, Plaintiffs-Appellees, v. LANE COUNTY; Lane County Mental Health, aka Lane County Behavioral Health; Carla Ayres; Erik Morris; Frances Freund; Julie Riutzel, Defendants-Appellants, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2023.

Attorney(s) appearing for the Case

Matthew S. Freedus (argued) and Rosie Dawn Griffin , Feldesman Tucker Leifer Fidell LLP, Washington, D.C.; Stephen E. Dingle , Lane County Office of County Counsel, Eugene, Oregon; for Defendants-Appellants.

Travis S. Eiva (argued), Eiva Law, Eugene, Oregon, for Plaintiffs-Appellees Sam Friedenberg, Derek Larwick, and Lorre Sanford.

Kevin B. Soter (argued), Mark B. Stern , and Dana Kaersvang , Appellate Staff Attorneys; Scott Erik Asphaug , Acting United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; United States Department of Justice; Washington, D.C.; Kevin C. Danielson , Assistant United States Attorney; Office of the United States Attorney; Portland, Oregon; for Defendant-Appellee United States of America.

Dissent by Judge Nguyen

OPINION

This case concerns the scope of immunity granted to federally funded community health centers and their employees when they are deemed Public Health Service ("PHS") employees under the Federally Supported Health Centers Assistance Act ("FSHCAA"), 42 U.S.C. § 233 ("§ 233").

The FSHCAA provides...

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