Estate of Bernaldes v. United States

MEMORANDUM ORDER

MICHAEL, District Judge.

The Estate of Denny Bernaldes (“Plaintiff’) has brought this suit for a wrongful death allegedly caused by the failure of three Mine Safety and Health Administration (“MSHA”) inspectors to discover safety violations at a mining operation. The Defendants argue that the “discretionary function exception” to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680(a), mandates that this action be dismissed for lack of subject matter jurisdiction, pursuant to Fed. R.Civ.P. 12(b)(1), because a mine safety inspector’s compliance determinations are discretionary…