United States First Circuit

In a suit by numerous plaintiffs asserting that they suffered tort injuries because of the United States Navy's alleged negligence in emitting certain pollutants during military exercises on Vieques Island, Puerto Rico, the district court's dismissal for lack of subject-matter jurisdiction is affirmed, where the limited Congressional abrogation of sovereign immunity in the Federal Tort Claims Act (FTCA) did not extend to the plaintiffs' claims under the discretionary function exception to the FTCA and the First Circuit's controlling precedent in Abreu v. US, 468 F.3d 20 (1st Cir. 2006).

Appellate Information

• Decided 02/14/2012
• Published 02/14/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carter Glasgow Phillips, Adam Bain