· 7/11/2003
Macharia, Merania v. United States
Citations
- 334 F.3d 61
- 357 U.S. App. D.C. 223
- 2003 U.S. App. LEXIS 13899
- 2003 WL 21554505
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that FTCA foreign country exception applied to injuries occurring at a United States embassy
- holding that the plaintiff failed to establish the existence of a “federal statute, regulation or policy” for providing security to foreign service officers at various embassies
- holding that because subject matter jurisdiction focuses on the court’s power to hear the claim, the court must give the plaintiff’s factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6
- finding that decisions regarding the training of guards and embassy employees, and the amount of security-related guidance that should be provided to those employees, fall under the discretionary-function exception
- finding that decisions regarding the training of guards and embassy employees, and the amount of security-related guidance that should be provided, entail the balancing of competing demands and therefore fall under the discretionary func tion exception
- applying the discretionary function rule to a lawsuit alleging negligence related to the security of a United States embassy
Source: CourtListener parenthetical corpus (CC0).
Judges: Ginsburg, Rogers, Tatel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.