Rojek v. Federal Emergency Management Agency

RULING ON FEMA’S MOTION TO DISMISS OR ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT

GRITZNER, District Judge.

This case arises out of a major flood which overwhelmed the city of Davenport, Iowa. Defendant, the Federal Emergency Management Agency [hereinafter “FEMA”], as its name suggests, manages federal responses to emergencies such as this Davenport flood. One of FEMA’s divisions, the Federal Insurance Administration, is in charge of administering the National Flood Insurance Program [hereinafter “NFIP”]. 42 U.S.C. §§ 4001-4129 (2000).

NFIP is a federally-subsidized program designed to make…