Musick v. United States

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

Plaintiff Dallas Musick (“Musick”) initiated this personal injury action by alleging jurisdiction in this court under 28 U.S.C.A. § 1346(b) (West 1976), the statute that gives federal courts subject matter jurisdiction over suits based on the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671-2680 (West 1965 and Supp.1991) (“the FTCA”). The United States of America (“the government”) now asserts that the court is without subject matter jurisdiction over this action based on the “discretionary function exception” (“DFE”) to the FTCA found in…