United States Fourth Circuit

In a suit brought by a Sheriff's Deputy, who was seriously injured during a training session on a Navy base when she jumped from a training structure onto a set of mats, against the United States under the Federal Tort Claims Act (FTCA), alleging that Navy officers negligently allowed the structure, particularly the mats placed adjacent to it, to remain in a dangerous condition and failed to warn her of the dangerous gap between the mats, the district court's grant of the government's motion to dismiss, is affirmed where the challenged Navy conduct fell within the FTCA's 'discretionary function exception' and therefore that Congress had not waived sovereign immunity for plaintiff's claim.

Appellate Information

• Published 2017/01/04

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel