DAVIS v. U.S.

No. 08-31119.

597 F.3d 646 (2009)

Kevin DAVIS, Surviving Spouse of Decedent, Donise Davis, Individually and as Court-Appointed Administrator of the Succession of Donise Davis and the Succession of Donise Davis; Leslie Michelle Lasenburg, Widow of Kevin Davis and also as court-appointed Administratrix of the Succession of Kevin Michael Davis; Mary Beth Brown, surviving mother of Donise Davis, and as court-appointed Administratrix of the Succession of Donise Davis; Keith Davis, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 2009.


Attorney(s) appearing for the Case

Glenn C. McGovern (argued), Metairie, LA, for Plaintiffs-Appellants.

Peter M. Mansfield, Asst. U.S. Atty. (argued), Stephen Andrew Higginson, Asst. U.S. Atty., U.S. Atty's Office, New Orleans, LA, for Defendant-Appellee.

Before BARKSDALE, SOUTHWICK and HAYNES, Circuit Judges.


PER CURIAM:

The family of a person tragically killed during a Hurricane Katrina rescue operation brought suit against the United States. The district court dismissed, finding no subject matter jurisdiction because of statutory limits on liability in such situations. We AFFIRM.

I. FACTS AND PROCEDURAL BACKGROUND

When Hurricane Katrina struck the coasts of Louisiana and Mississippi on August 29, 2005, the...

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