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
United States. Congress. Senate. Committee on Armed Services. Subcommittee on Personnel, United States
U.S. Government Printing Office, 1997 - 268 halaman
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Halaman 53 - 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.
Halaman 52 - 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.
Halaman 220 - 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.
Halaman 61 - 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.
Halaman 65 - 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.
Halaman 54 - 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.
Halaman 227 - 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.
Halaman 51 - ... dismissed for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted.