DEUSER V. VECERA
139 F.3d 1190 (8th Cir. 1998)
NATURE OF THE CASE: Dueser (P), child and parents of the decedent, sought review of a
judgment of the United States District Court, which dismissed for lack of subject matter
jurisdiction the wrongful death claim that P's family brought against Vecera (Ds), national
park rangers and the United States, pursuant to the Federal Tort Claims Act.
FACTS: P was at a fair on the Fourth of July. Ds observed P grabbing women on the
buttocks, to the obvious outrage of the victims and others. Ds warned P, and continued to
keep an eye on him. When he urinated in public, Ds arrested him. As the rangers made their
way to their tent with P, he was argumentative with them and continued making rude comments
to female visitors. After a short conference the rangers elected to turn P over to the St.
Louis police. The police department was overwhelmed with the additional workload created by
the fair that was taking place on the federal park. The police were unable and unwilling to
process P's arrest. The rangers and a police officer then decided to release P away from the
park so he could not return later that evening. P was freed in a parking lot, alone and with
no money and no transportation. After that he wandered onto an interstate highway and was
struck and killed by a motorist. P's blood alcohol was .214, well above the legal limit for
intoxication. P's survivor's (P) sued the municipal and federal actors. The wrongful death
action against the U.S. was dismissed under the FTCA. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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