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