United States DC Circuit

The discretionary function, foreign country, and independent contractor exceptions apply to bar a Federal Tort Claims Act suit by Kenyan citizens and businesses injured in a 1998 U.S. Embassy bombing, alleging negligence in securing the embassy, and failure to warn.

Appellate Information

• Argued 05/13/2003
• Decided 07/11/2003
• Published 07/11/2003

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Philip M. Musolino argued the cause and filed the briefs for appellants.


• For Appellees:
  
• Michael J. Ryan, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Robin M. Earnest, Assistant U.S. Attorney, entered an appearance.