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IGNATIEV v. U.S.

No. 00-5002

238 F.3d 464 (2001)

Panaiot Ignatiev, Appellant v. UNITED STATES of America, Appellee Consolidated with 00-5005

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2001

Attorney(s) appearing for the Case

Marjorie A. O'Connell argued the cause and filed the briefs for appellants.

Lydia Kay Griggsby, Assistant United States Attorney, argued the cause for appellee. With her on the brief were Wilma A. Lewis, United States Attorney, and R. Craig Lawrence, Assistant United States Attorney.

Before: Williams and Garland, Circuit Judges, and Silberman, Senior Circuit Judge.

SILBERMAN, Senior Circuit Judge

Appellants challenge the dismissal of their tort claims against the federal government. Their suits were dismissed for want of jurisdiction because the challenged omission fell within the discretionary function exception to the Federal Tort Claims Act's waiver of sovereign immunity. We reverse.

I.

In October 1995 outside the Chancery of Bulgaria in Washington, D.C., two armed individuals attempted to rob Panaiot Ignatiev...

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