· 4/22/2008
Sydnes v. United States
Citations
- 523 F.3d 1179
- 27 I.E.R. Cas. (BNA) 870
- 2008 U.S. App. LEXIS 8715
- 2008 WL 1795029
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- cautioning that we must \bear[ ] in mind that the party asserting jurisdiction bears the burden of proving that sovereign immunity has been waived\
- holding intentional infliction claim barred under discretionary function exception when the conduct giving rise to the claim was discretionary
- noting that “the party asserting jurisdiction bears the burden of proving that sovereign immunity has been waived”
- recognizing that the discretionary function exception “reasserts the government’s immunity”
- noting that “the burden under our case law to present evidence of a discretion-constraining regulation or policy resides with the plaintiff.”
- cautioning that we must “bear[ ] in mind that the party asserting jurisdiction bears the burden of proving that sovereign immunity has been waived”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, Gorsuch, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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