United States First Circuit

Dismissal of a suit against various branches of the armed forces alleging personal injury and property damage resulting from the US Navy's operation of a training facility on Vieques Island, Puerto Rico is affirmed where the court lacked subject matter jurisdiction over the claims since the Navy did not violate federal statutes in a way that would render the discretionary function exception to the Federal Tort Claims Act inapplicable.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• DYK, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK , Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carl E. McAfee and Celina Romany Siaca, with whom Celina Romany Law Offices was on brief, for appellants.


• For Appellees:
  
• Mark B. Stern, with whom Peter D. Keisler, H.S. García, Gregory G. Katsas and Alisa B. Klein were on brief, for appellees.