Hajdusek v. United States, No. 17-2137 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the district court’s conclusion that the discretionary function exception to the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), barred Appellant’s suit under the circumstances of this case.
Appellant was seriously injured while participating in the Marine Corps Delayed Entry Program, through which individuals can sign up to join the Marine Corps but delay entry in order to better prepare for basic training. Appellant sued the United States, alleging that his superior’s decision to subject him to an especially arduous workout had caused his physical injuries and disabilities, that those actions were negligent, and that, pursuant to the FTCA, he was entitled to damages. The district court dismissed the case, concluding that Appellant’s claim stemmed from the performance of a discretionary function, and since the United States had not waived sovereign immunity for such claims, the district court lacked subject matter jurisdiction. The First Circuit affirmed, holding that this case must be dismissed for want of jurisdiction because Appellant’s claim was based on a discretionary function.