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· 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 CourtListener

Sourced 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.