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COPE v. SCOTT

No. 92-5508.

45 F.3d 445 (1995)

John R. COPE, Appellant, v. Roland G. SCOTT; United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1995.

Attorney(s) appearing for the Case

Marc Fiedler, Washington, DC, argued the cause for appellant. With him on the briefs were Roger C. Johnson and Lisa R. Riggs, Washington, DC.

Thomas S. Rees, Asst. U.S. Atty., Washington, DC, argued the cause for appellees. With him on the brief were Eric H. Holder, Jr., U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Before: WALD, GINSBURG, and TATEL, Circuit Judges.

Opinion of the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this negligence case, John R. Cope appeals a grant of summary judgment against him in favor of the government. The District Court concluded that the government's allegedly negligent actions were "discretionary functions" immune from suit under the Federal Tort Claims Act ("FTCA"). 28 U.S.C. §§ 1346(b), 2671-2680 (1988 & Supp. V 1993). With respect to Cope's allegations...

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