Hughes v. United States

OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR WANT OF SUBJECT MATTER JURISDICTION

BRAZIL, United States Magistrate Judge.

BACKGROUND

In the paragraphs that follow, we address the government’s contention that the court lacks subject mátter jurisdiction over the one remaining claim in this case. In that claim, Lieutenant James J. Hughes of the San Francisco Police Department alleges that the United States Navy breached a duty to warn him about a known hazard (a large depression on Perimeter Road) on the Naval Base at Treasure Island — and that as a result of that breach he suffered…