Joiner v. United States, No. 19-10202 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal, based on lack of subject matter jurisdiction, of plaintiff's action under the Federal Tort Claims Act (FTCA) and the Anti-Terrorism Act (ATA). Plaintiff, a security guard, was shot in the leg while on duty by a pair of Islamic terrorists.
The court held that plaintiff failed to satisfy the first prong of the discretionary function analysis, because he failed to point to a specific, nondiscretionary function or duty that prescribes a specific course of action for an agency or employee. The court also held that plaintiff waived his argument that a certain gun sale contravened the FBI's express policy prohibiting the sale of firearms to suspected terrorists, because plaintiff failed to adequately brief the issue. Likewise, plaintiff's argument regarding the law enforcement proviso was waived.
The court declined to adopt the state created danger doctrine to overcome the FTCA's discretionary function exception; held that the district court properly dismissed the ATA claims for lack of subject matter jurisdiction; and held that the district court did not abuse its discretion by barring additional discovery.
The court issued a subsequent related opinion or order on March 27, 2020.