DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

101604P.pdf   01/11/2011  Bonita A. Hart  v.  United States
   U.S. Court of Appeals Case No:  10-1604
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Riley, Author, with Melloy and Gruender, Circuit Judges]
   Civil case - Federal Tort Claims Act. District court did not err in sua
   sponte ruling on the issue of whether it had subject matter jurisdiction;
   the district court did not err in finding the discretionary exception applied
   to an agent's actions in taking plaintiff's decedent into custody; dismissal
   modified to be without prejudice.