Jose Ruben Villalobos Lopez v. United States of America

17 F.3d 395 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Ruben Villalobos LOPEZ, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendants-Appellees. No. 92-16580. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1994. Decided Feb. 22, 1994. 1 Before: SCHROEDER and NOONAN, Circuit Judges, and JONES, * District Judge. 2 MEMORANDUM ** 3 United States Border Patrol Agent Kimsey struck Lopez with a pistol in the course of arresting him on suspicion of violating immigration laws. The pistol discharged and Lopez was shot in the shoulder and injured. Lopez sued the United States under the Federal Tort Claims Act ("FTCA"), alleging that the injuries he sustained during the arrest were caused by negligence on the part of the U.S. Border Patrol. Following a bench trial, the court ruled that the United States was not liable for any injuries sustained by Lopez because of the shooting itself, but that Border Patrol agents negligently…