Gordo-Gonzalez v. United States, No. 16-2276 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the district court’s dismissal of Plaintiff’s suit against the United States under the Federal Tort Claims Act (FTCA), holding that the FTCA’s discretionary function exception applied and, therefore, that the government had not waived its sovereign immunity.
In her suit, Plaintiff alleged that the Federal Bureau of Investigation (FBI) negligently supervised the use of its surveillance equipment by her then-husband, an FBI agent. The district court dismissed the suit for want of subject-matter jurisdiction. The First Circuit affirmed, holding that because Plaintiff did not plead sufficient specific facts to show that the challenged conduct did not involve a discretionary function, she was not entitled to the FTCA’s waiver of sovereign immunity.