Legal Opinion

Atherton v. United States

District Court, District of Columbia

Decided June 30, 2016No. Civil Action No. 2014-2160PublishedCited by 4 opinions

1Opinion of the Court

ORDER

CHRISTOPHER R. COOPER, United States District Judge

Plaintiff Peter James Atherton sued the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), claiming that he suffered personal injury when a U.S. Park Police helicopter flew over his dwelling as he slept early one morning. The Court granted the government’s motion to dismiss for lack of subject-matter jurisdiction in its Memorandum Opinion of March 30, 2016, finding that the helicopter pilot’s chosen method of flight satisfied the FTCA’s “discretionary function” exception to the United States’ statutory waiver…

2Cases cited6 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  3. Shuler v. United StatesCourt of Appeals for the D.C. Circuit · 2008
  4. Bennett v. DonovanDistrict Court, District of Columbia · 2013
  5. State Farm Mutual Automobile Insurance v. United StatesDistrict Court, E.D. New York · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Johnson v. D.C. Metro Transit AuthorityDistrict Court, District of Columbia · 2017
  2. Billups-Larkin v. Aramark Services, Inc.District Court, N.D. California · 2023
  3. Davis v. WernickDistrict Court, District of Columbia · 2021
  4. Woods v. United StatesDistrict Court, E.D. Arkansas · 2025

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