Heinrich Ex Rel. Heinrich v. Sweet

MEMORANDUM

YOUNG, Chief Judge.

I. Introduction

Traditionally, the sovereign is immune from claims and suits by its subjects. The United States government is willing to come into its courts and defend against such claims but is unwilling to subject itself to trial by jury. See 28 U.S.C. § 2402. Therefore, so much of this case, as makes a claim against the United States under the Federal Tort Claims Act, has been tried to the Court concomitant with the trial by jury of the other defendants. Upon the conclusion of the jury trial, 1 the parties supplemented the record with additional documents…