Stanford v. United States

MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

The plaintiff in this heartbreaking Federal Tort Claims Act (“FTCA”) case seeks to hold the United States liable for negligently causing him grievous injury while visiting a National Guard training facility in eastern Kentucky. The government now moves to dismiss. It contends the Court lacks jurisdiction because the allegedly negligent government employees acted pursuant to a discretionary function and thus the FTCA’s limited waiver of sovereign immunity does not apply. Since it remains unclear whether the government’s alleged conduct…