Legal Opinion
Knochel ex rel. Knochel v. United States
District Court, D. Arizona
Decided December 4, 1998No. CV 97-418 TUC JMRPublishedCited by 1 opinion
1Opinion of the Court
ORDER
ROLL, District Judge.
Following briefing and oral argument, the Court denied Defendant United States’ motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) based upon the discretionary function exception to the Federal Tort Claims Act (FTCA). 28 U.S.C. § 2680(a). In denying dismissal, the Court indicated that this detailed Order would follow.
BACKGROUND
On July 25,1994,16-year old Anna Kno-chel, while camping with a 4-H troop on Mt. Lemmon, was attacked by a black bear and severely mauled. Anna was camping at the Boy Scout Camp on Organization Ridge,…
2Cases cited7 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
- Keith L. Prescott v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Everett Todd Faber v. United StatesCourt of Appeals for the Ninth Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Konchel Ex Rel Konchel v. United StatesDistrict Court, D. Arizona · 1998