Gale v. United States

ORDER

HAWKINS, District Judge.

This matter is before the court on the defendant’s motion to dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P. The United States has taken the position that this court has no subject matter jurisdiction over, the plaintiffs’ claims because they are barred by 28 U.S.C. § 2680(h). That statutory provision precludes recovery under the Federal Tort Claims Act for “any claim arising out of assault [or] battery.” Further, the defendant argues that the complaints fail to state a claim upon which relief can be granted because the government has no duty to control its…