Legal Opinion
Lindberg Ex Rel. Conservator for Backlund v. United States
District Court, D. South Dakota
Decided May 4, 2005No. CIV 03-4097Published
1Opinion of the Court
MEMORANDUM OPINION . AND ORDER ON MOTION TO DISMISS
PIERSOL, Chief Judge.
Plaintiff brings this .lawsuit against the United States pursuant to the Federal Tort Claims Act (“FTCA”). 28 U.S.C. §§ 2671-2680. The United States moves to dismiss three allegations in the Complaint pursuant to Federal Rule of Civil Procedure 12(h)(3) 1 for lack of subject matter jurisdiction based on the discretionary function exception under the FTCA. 28 U.S.C. § 2680(a). For the reasons stated below, the Court will grant the motion in part and deny it in part.
BACKGROUND
Toni Backlund (“Backlund”) is a minor who was…
2Cases cited11 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Rosebush v. United StatesCourt of Appeals for the Sixth Circuit · 1997
- Satz v. ITT Financial Corp.Court of Appeals for the Eighth Circuit · 1980
- Kristopher Dykstra v. US Bureau of PrisonsCourt of Appeals for the Eighth Circuit · 1998
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