Harris v. Dept. of Veterans Affairs

Plaintiff, a veteran who suffers from post-traumatic stress disorder, filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging various claims against the VA after he was escorted from a VA group therapy session for creating a disturbance. The district court granted summary judgment for the VA on all claims. The court reversed as to the assault and battery claim where the affidavits, declarations, pleadings, and other evidence show that there are factual disputes that could affect the outcome of the suit. The court reversed plaintiff's claim of intentional infliction of emotional distress to the extent that it was based on his assault and battery claim. The court affirmed as to the remaining claims. View "Harris v. Dept. of Veterans Affairs" on Justia Law