Opinion
Civil Action 7:11-CV-131 (HL)
02-15-2013
R. ANTHONY HUTCHINSON and LISA HUTCHINSON, Plaintiffs v. UNITED STATES OF AMERICA, Defendant.
ORDER
In their Complaint, Plaintiffs notified the Court of their desire to have this case tried by a jury. However, based on the applicable law, a jury trial is not appropriate. "[A]ny action against the United States under section 1346 shall be tried by the court without a jury." 28 U.S.C. § 2402. This case is based on a claim under 28 U.S.C. § 1346, the Federal Tort Claims Act, and therefore, a jury trial is not permissible.
There is some exception for actions brought under § 1346(a)(1), but this exception, which deals with actions for the recovery of illegal assessment of taxes, is not applicable here.
This case remains on the April 2013 trial calendar, but the case shall now be tried by the Court, not by a jury.
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HUGH LAWSON, SENIOR JUDGE