Shuler v. United States

GRIFFITH, Circuit Judge:

Charles Shuler was shot in the back while working for the government as a confidential informant. He sues the United States for damages alleging that it negligently put him in harm’s way and failed to protect him after promising to do so. The question in this appeal is whether Shuler’s claim is the kind for which Congress has waived the government’s sovereign immunity under the Federal Tort Claims Act (“FTCA”). We conclude that it is not and affirm the district court’s dismissal of Shuler’s claim because the alleged government misconduct involved “discretionary…