From Casetext: Smarter Legal Research

Duenges v. United States

United States District Court, S.D. New York
Sep 22, 1953
114 F. Supp. 751 (S.D.N.Y. 1953)

Summary

In Duenges v. United States, 114 F. Supp. 751 (S.D.N.Y. 1953), the plaintiff alleged that he suffered injuries due to the government's negligent record keeping.

Summary of this case from Brown v. State

Opinion

September 22, 1953.

Nathan Dechter, New York City, for plaintiff.

J. Edward Lumbard, New York City, for defendant.


The Government moves to dismiss the complaint on the ground, among others, that the Federal Tort Claims Act, 28 U.S.C. § 1346, 2671 et seq., under which suit has been brought, specifically excludes the action. The plaintiff was arrested and imprisoned for desertion from the Army, when in fact he had been honorably discharged, as found by the military tribunal which ultimately exonerated him. The complaint alleges that the Government negligently maintained its records resulting in injuries to the plaintiff in the loss of his freedom, humiliation, fear, embarrassment and mental anguish, and loss of earnings.

Assuming that the Government had a legal duty to the plaintiff to keep his records properly, the breach of such a duty by the Government's negligence could become an actionable wrong only upon the event of resulting injury. The injuries alleged derive from a false arrest and imprisonment. In an action of negligence "`damage is of the very gist and essence of the plaintiff's cause.'" Schmidt v. Merchants Despatch Transp. Co., 270 N.Y. 287, 300, 200 N.E. 824, 827, 104 A.L.R. 450. Here, false arrest and imprisonment are of the very gist and essence of the plaintiff's cause. Section 2680(h) of 28 U.S.C. specifically excludes from the provisions of the Federal Tort Claims Act claims "arising out of * * * false imprisonment [and] false arrest * * *." This suit arises out of false imprisonment and false arrest within the meaning of that section, and consequently, it does not come within the scope of the Act.

Accordingly, the motion to dismiss will be granted.


Summaries of

Duenges v. United States

United States District Court, S.D. New York
Sep 22, 1953
114 F. Supp. 751 (S.D.N.Y. 1953)

In Duenges v. United States, 114 F. Supp. 751 (S.D.N.Y. 1953), the plaintiff alleged that he suffered injuries due to the government's negligent record keeping.

Summary of this case from Brown v. State

In Duenges, a soldier had been honorably discharged, but was arrested for desertion. Duenges brought action based on the negligence of a government employee who improperly failed to record the discharge in Duenges' service records.

Summary of this case from Connell v. Tooele City
Case details for

Duenges v. United States

Case Details

Full title:DUENGES v. UNITED STATES

Court:United States District Court, S.D. New York

Date published: Sep 22, 1953

Citations

114 F. Supp. 751 (S.D.N.Y. 1953)

Citing Cases

Brown v. State

The County Defendants also direct the court's attention to several cases from the federal courts and the…

Zerbe v. State

259 F. Supp. at 364 (emphasis in original). The state's strongest authority comes from Duenges v. United…