The Practices and Procedures of the Investigative Services of the Department of Defense and the Military Departments Concerning the Investigations Into the Deaths of Military Personnel which May Have Resulted from Self-inflicted Causes: Hearing Before the Subcommittee on Personnel of the Committee on Armed Services, United States Senate, One Hundred Fourth Congress, Second Session, September 12, 1996, Volume 4

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Page 47 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 71 - Deputy Secretary of Defense Secretary of the Army Secretary of the Navy Secretary of the Air Force...
Page 46 - In any event, a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 200 - Passionately though we may desire detachment, we are forced to realize that every word that comes through the air, every ship that sails the sea, every battle that is fought does affect the American future.
Page 59 - Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Page 55 - The elements of a prima facie case for the tort of intentional infliction of emotional distress are extreme and outra24CaUd 579: 156 Cal.Rptr. 198. 595 P.2d 975 geous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress. Further elements include the plaintiff's suffering severe or extreme emotional distress, and actual and proximate causation of the emotional distress by the defendant's outrageous conduct.
Page 48 - L.Ed^d 531 (1988)] directs us to apply a two-step test for determining whether the discretionary function exception applies. We must "first consider whether the action is a matter of choice for the acting employee .... [T]he discretionary function exception will not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow.
Page 207 - Gail explained her idea and said, "I'll stay in the car. Too many people may frighten them, and I can't understand when you're speaking German.
Page 45 - ... dismissed for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted.
Page 58 - The right to practice medicine is, like the right to practice any other profession, a valuable property right, in which, under the constitution and laws of the state, one is entitled to be protected and secured.

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