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DURDEN v. U.S.

No. 12-2212.

736 F.3d 296 (2013)

Maria Nicole DURDEN, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Nathan Harrill , Wake Forest University School of Law, Winston-Salem, North Carolina, for Appellant.

Joshua Bryan Royster , Office Of The United States Attorney, Raleigh, North Carolina, for Appellee.

ON BRIEF: Joseph L. Anderson , Anderson Pangia & Associates, PLLC, Winston-Salem, North Carolina; Douglas P. Desjardins , Transportation Injury Law Group, Washington, D.C., for Appellant.

Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of The United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER and Judge GREGORY concurred.

FLOYD, Circuit Judge:

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismiss Durden's complaint for lack of subject matter...

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