Larry Michael Slagle v. United States

The case raises questions concerning the Government’s tort liability for the acts of a drug informant. Plaintiff Larry Michael Slagle brought this action against the United States under the Federal Tort Claims Act (FTCA or Act), 28 U.S.C. §§ 1346 (b), 2671 et seq. Slagle was paralyzed when he was shot in a gun battle. He sued the United States, on the theory that his injuries were caused by the negligence of the Government in the selection and supervision of a drug informant involved in the shooting incident, and by the informant’s negligence at the site of the incident. The United States filed both a motion to dismiss for lack of jurisdiction and a motion for partial summary judgment. The district court denied the motion to dismiss, but granted partial summary judgment in favor of the Government. Slagle appeals from this order. We affirm.

We state the relevant facts in the manner most favorable to plaintiff, as we are required to do on this appeal. Plaintiff and one Chester Wheeler had undertaken a nonprofit community service project in Richmond, California, with the goal of reducing drug abuse in that area. Upon the recommendation of a local police officer, Wheeler had…