Rodriguez v. United States Army

Summary

Second Circuit affirmed dismissal of FTCA claims against the United States for lack of subject-matter jurisdiction, holding that the "foreign country exception" (28 U.S.C. § 2680(k)) barred claims arising from a U.S. servicemember's assault and murder of a Panamanian woman in Panama, and that the "intentional tort exception" (28 U.S.C. § 2680(h)) independently barred claims artfully pleaded as negligence when based on intentional torts like assault and battery. The court found no express waiver of sovereign immunity, adopting the district court's analysis that both exceptions applied.

Holdings

1. The FTCA claims are barred by the foreign country exception and intentional tort exception, so the district court lacked subject-matter jurisdiction.

Questions Presented

1. Whether the district court erred in dismissing the plaintiffs' FTCA claims for lack of subject-matter jurisdiction based on the foreign country exception and intentional tort exception.

Disposition

affirmed