Legal Opinion
Ireland v. Suffolk County of New York
District Court, E.D. New York
Decided January 22, 2003No. CIV.00-2412 DRH MLOPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM & ORDER
HURLEY, District Judge.
Plaintiff seeks damages and injunctive relief against Suffolk County for the allegedly negligent design, installation and maintenance of stone groins on the beach near to her home. The United States, a third-party defendant in the action, filed a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction. The United States argues that its conduct falls within 28 U.S.C. § 2680(a), an exception to the Federal Tort Claims Act that deprives this Court of subject matter jurisdiction. For the reasons discussed infra, the motion is granted solely…
2Cases cited19 opinions
- United States v. GaubertSupreme Court of the United States · 1991
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- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- Susan Mary Kamen v. American Telephone & Telegraph Co., Patricia McDonald and Carol BuckhamCourt of Appeals for the Second Circuit · 1986
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3Cited by3 opinions
- Village of West Hampton Dunes v. New YorkDistrict Court, E.D. New York · 2015
- Brown v. United StatesDistrict Court, E.D. New York · 2009
- Yesina v. United StatesDistrict Court, E.D. New York · 2012