Jahr v. United States

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Barbara Jacobs Rothstein, U.S. District Court Judge '

I. INTRODUCTION

Plaintiffs Brenda Thomas and Timothy York1 bring this wrongful death action *1161under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., alleging negligence by the United States Army resulting in the December 2011 murder, of their daughter, Tiffany York (‘York”). The Government moves for summary judgment on Plaintiffs’ claims, asserting they are barred by the discretionary function exception to the FTCA .and must be dismissed.…