Finding that Arizona school district with a substantial degree of autonomy did not perform a central government function, even though Arizona's Constitution mandated that its legislature “provide for the establishment and maintenance of a ... public school system” (quoting Ariz. Const. art. XI, § I.A)
Holding that a court without jurisdiction is without power to do anything except to dismiss the case and that any other order issued by the court would be a nullity
Holding that although the FTCA's discretionary function exception would generally protect the creation of policies and rules, government actors do not have discretion to create unconstitutional policies
Holding the discretionary function exception did not apply to shield INS investigators' failure to report and investigate because such inaction constituted a failure to follow the mandatory requirements requiring reporting and investigation
28 U.S.C. § 2680 Cited 7,713 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Fed. R. Civ. P. 39 Cited 1,818 times 10 Legal Analyses
Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"