Wednesday, April 11, 2012

S.R.P. v. U.S. (National Park Service)

Apr 10: In the U.S. Court of Appeals, Third Circuit, Case No. 10-4011. On Appeal from the District Court of the Virgin Islands – Appellate Division Division of St. Croix. As explained by the Appeals Court, S.R.P., a minor, appealed from an order of the District Court dismissing his claims for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).
    The action arose out of a 2004 incident in which S.R.P. was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument (Buck Island Monument or the Monument). S.R.P., through his mother, filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., alleging that the Government negligently failed to warn of the danger posed by barracudas to shallow water bathers. The District Court dismissed the case on the basis that the discretionary function exception to the FTCA deprived it of jurisdiction, and thus immunized the Government from suit. The Appeals Court affirmed the District Court decision.
    Access the complete opinion (click here). [#Wildlife, #CA3]
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