In a negligence suit under the Federal Tort Claims Act (FTCA) stemming from a robbery and shooting by an Army recruit, dismissal of plaintiffs'-insurers' claims is affirmed where: 1) under the FTCA's requirements for waiving sovereign immunity, the question of whether an agent of the government was acting within the scope of his employment is a subject-matter jurisdiction issue properly analyzed under Fed. R. Civ. P 12(b)(1) for purposes of considering a motion to dismiss; 2) the Army recruiter against whom negligence was alleged was not acting within the scope of his employment; and 3) no evidence supported a negligent-supervision claim against either the recruiter's supervisor or the Army as a whole.