Kyle Hayes v. The United States of America

HAYNSWORTH, Chief Judge:

The plaintiff sought damages from the United States for erosion of a river bank and flooding of the low-lying areas of his farm located on the Yadkin River, downstream from the Kerr Scott Dam. It is alleged that the damage to the farm was caused by the operation of the dam’s flood gates. The district court dismissed the action under F.R.C.P. Rule 12(b)(6) for failure to state a claim, relying upon the immunity granted the United States by 33 U.S.C. § 702c from liability for damage from flooding or flood waters.

While § 702c was enacted in 1928 as part of a comprehensive…