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BAILEY v. U.S. DEPT. OF ARMY CORPS OF ENGINEERS

No. 93-1549.

35 F.3d 1118 (1994)

Scott BAILEY, Plaintiff-Appellant, v. UNITED STATES of America, DEPARTMENT OF the ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Paula Newcomb, Benton, IL (argued), for plaintiff-appellant.

Robert L. Simpkins, Asst. U.S. Atty., Crim. Div., James M. Hipkiss, Office of U.S. Atty., Civ. Div., Fairview Heights, IL (argued), for defendant-appellee.

Before MANION and ROVNER, Circuit Judges, and PLUNKETT, District Judge.

ILANA DIAMOND ROVNER, Circuit Judge.

Scott Bailey filed suit against the federal government under the Federal Tort Claims Act for the injuries he suffered while diving in a flood control lake managed by the U.S. Army Corps of Engineers in Southern Illinois. The district court dismissed the case for lack of subject matter jurisdiction, concluding that the Flood Control Immunity Act of 1928 rendered the government immune from suit. In light of our opinion in Fryman...

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