Galanti v. United States

709 F.2d 706 (1983)

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Nature of the Case

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Facts

Isaac Galanti and Roger Underhill were shot to death on a secluded tract of undeveloped property in Fulton County, Georgia. Galanti was interested in purchasing the property from Underhill. Galanti was the innocent victim. Underhill was key witness in the criminal activity of Michael G. Thevis. Thevis was a convicted felon. Thevis had escaped from federal custody six months earlier and was still a fugitive at the time of the murders. He was apprehended a month later and convicted of violating Underhill's civil rights by having him murdered, along with the innocent bystander Galanti, in order to prevent Underhill's testimony in the government's case. F.B.I. Agent Paul V. King, Jr. King knew that Thevis had made earlier attempts to kill Underhill. King considered Underhill to be in extreme danger at all times. Underhill was in the witness protection program, but Underhill refused to enter the program until he sold the undeveloped property in Fulton County. Underhill insisted on personally handling the sale. The night before, Underhill called and informed King that he would be showing the property to Galanti. King made no attempt to contact and warn Galanti of the potential danger, nor did he arrange for surveillance of the property. P claims that this negligent conduct was responsible for Isaac's death. P sued D under the FTCA. The court concluded that under no circumstances could P establish a legal duty owed by King to Isaac. P appealed.