Deuser Ex Rel. Sellers v. Vecera

BOWMAN, Circuit Judge.

Tina Marie Sellers, by and through her mother Joann Sellers; Albert Deuser; and Phyllis Menke appeal from the order of the District Court 2 dismissing for lack of subject matter jurisdiction their claims brought under the Federal Tort Claims Act (FTCA). We affirm.

I

The District Court dismissed appellants’ claims under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, holding that the government was protected from suit by the discretionary function exception of the FTCA. We review de novo. See Appley Bros. v. United States, 7 F.3d 720, 722…