Summary
holding that the discretionary function exception applied when analyzing a Naval preventative medicine regulation for disposal of waste
Summary of this case from Pride v. U.S. Dep't of NavyOpinion
No. 07-60671.
October 16, 2008.
William Lee Guice, III, Rushing Guice, Ocean Springs, MS, for Plaintiffs-Appellants.
Adam Bain, Stephen R. Graben, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Mississippi, Gulfport, MS, for Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Mississippi, USDC No. 1:04-CV-627.
Before JOLLY, BARKSDALE and HAYNES, Circuit Judges.
The Snyder family appeals the district court's dismissal for want of subject matter jurisdiction of their lawsuit against the United States. Premising jurisdiction on the Federal Tort Claims Act, the Snyders brought various tort claims against the United States based upon its alleged misconduct in disposing of waste at a Marine Corps base in the early 1970s. 28 U.S.C. § 1346(b) (2006) We have carefully reviewed the parties' briefs and the pertinent portions of the record. The district judge entered a thorough and thoughtful opinion styled as an Order and Reasons Dismissing Case for Lack of Subject Matter Jurisdiction. Essentially for the reasons stated by the district court, the judgment of the district court is AFFIRMED.