 The judge ruled that if Ballew had been shot by federal agent Seals, that would be an assault and battery, a criminal act not a negligent act, and the tort act was not the appropriate statute to pursue redress.Since Ballew was actually shot by Ciamillo, a county policeman, the shooting was not an act of a federal officer so the federal government could not be held negligent.The government rejected the defense claim that ATFD agent Seals was responsible for the responses of Hibbs and Ciamillo by yelling to the county officers "He's got a gun" and opening fire while they were out in the hallway.