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83 F.3d 591

Docket No. 1495, Docket 95-6334.

Fraser v. United States

Second Circuit Court of Appeals

Argued May 13, 1994.

Decided May 13, 1996.

Second Circuit Court of Appeals · decided 1996-05-13

Cited by 2 later decisions — most recently April 2004

1 federal appellate · 1 state decisions

3 counsel of record

Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)

Relies on Fraser v. United States · Fraser v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1996-05-13

View the full empirical analysis of this case →

¶1Michael P. Koskoff, Bridgeport, Conn. (Mark C. Durkin, Koskoff, Koskoff & Bieder, Bridgeport, Conn., on the brief), for plaintiff-appellant.

¶2Nancy L. Griffin, Asst. U.S. Atty., New Haven, Conn. (Christopher F. Droney, U.S. Atty., New Haven, Conn., on the brief), for defendant-appellee.

¶3William B. Wynne, Middletown, Conn., submitted a brief for amicus curiae Connecticut Legal Rights Project, Inc.

¶4Before: NEWMAN, Chief Judge, JACOBS and LEVAL, Circuit Judges.

¶5PER CURIAM.

¶6On this appeal from a judgment of the District Court for the District of Connecticut (Warren W. Eginton, Judge), dismissing a suit against the United States, brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680 (1994), we certified two questions of Connecticut law to the Connecticut Supreme Court (“the Court”). See Fraser v. United States, 30 F.3d 18 (2d Cir.1994). After some delay occasioned by the Court’s request for a certification of a statement of the relevant factual circumstances and the parties’ efforts to agree on an appropriate response to the Court’s request, the matter was ultimately argued before the Court on December 5, 1995, and a decision was released on April 16,1996.

¶7After slightly reformulating the two questions we certified into one question — “In the circumstances of this case, does a psychotherapist have a duty to control a patient being treated on an outpatient basis in order to prevent harm to third persons?” — the Court answered the question in the negative. Fraser v. United States, 236 Conn. 625, 627 & n. 3, 674 A.2d 811 (1996). Since Connecticut law governs the substantive issues of liability in this FTCA suit, the Court’s authoritative ruling on Connecticut law defeats the plaintiffs claim that the United States is liable for the death of plaintiffs decedent *592because employees of the West Haven Veteran’s Administration Medical Center breached a duty of control alleged to be owed to the plaintiffs decedent.

¶8Accordingly, the judgment of the District Court is affirmed.

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