Wednesday, August 10, 2011

Conclusion Part V Plaintiff(s) Black African Americans Motion in oppostion "U.S. Attorney" "to dismiss Civil Complaint No. 00808

(Negro) Plaintiff Black African American herein and All (Negro) Plaintiff(s) Black African Americans and their descendants herein
Assert, state very respectful before the “Honorable Justice” in 1946 Congress passed the Tort Claims Act (28 U.S.C.A. §§ 1346(b), 2671–2678), which authorized Defendant (The United States of America)
 U.S. District courts to hold the United States liable for torts committed by its agencies, officers, and employees just as the courts would hold individual defendants liable under similar circumstances.
                           256.
This general waiver of immunity had a number of exceptions, however, including the torts of


false arrest, MALICIOUS PROSECUTION,

 ABUSE OF PROCESS, LIBEL, slander,


                           257.
Interference with contractual rights, tort in the fiscal operations of the Treasury,

Tort in the regulation of the monetary system, and tort in combatant activities of the armed forces in wartime.

By 1953 the U.S. Supreme Court had drawn distinctions under the Tort Claims Act between tortious acts committed by the government at the planning or policy-making stage

And those committed at the operational level. In Dalehite v. United States, 346 U.S. 15, 73 S. Ct. 956, 97 L. Ed. 1427 (1953), the Supreme Court held that the Tort

                           258.
Claims Act did not waive sovereign immunity as to tortious acts committed at the planning stage; immunity applied only to torts committed at the operational stage.

Congress also waived sovereign immunity in cases seeking injunctive or other nonmonetary relief against the United States in a 1976 amendment to the Administrative Procedure Act (5 U.S.C.A. §§ 702–703).

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