Legal Opinion
Spaulding v. United States
District Court, D. Maine
Decided November 18, 1985No. Civ. 85-0009-BPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER DISMISSING COMPLAINT
CYR, Chief Judge.
Plaintiff brings this action under the Federal Tort Claims Act [FTCA], 28 U.S.C. §§ 1346(b), 2671-2680 (1982), alleging that the Government’s negligence caused the death of his son. The Government moves to dismiss for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1).
The court assumes the truth of the following facts alleged in plaintiff’s complaint. Plaintiff’s decedent, Russell Spaulding, enrolled in a federally sponsored Job Corps training program on October 6, 1981. On May 2, 1982, while still enrolled in the Job Corps,…
2Cases cited18 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Feres v. United StatesSupreme Court of the United States · 1950
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- United States v. NeustadtSupreme Court of the United States · 1961
- United States v. ShearerSupreme Court of the United States · 1985
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3Cited by3 opinions
- Wright v. University of UtahCourt of Appeals of Utah · 1994
- Melchiorri v. United StatesDistrict Court, W.D. Louisiana · 1987
- Wright v. University of UtahCourt of Appeals of Utah · 1994