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U.S. Court of Appeals for the Ninth Circuit, 2010

Shari Welsh v. United States Army

Shari Welsh v. United States Army
U.S. Court of Appeals for the Ninth Circuit · Decided July 23, 2010 · Alarcón, Leavy, Graber
389 F. App'x 660

Counsel

Shari Jean Welsh, Marina, CA, pro se., Sam Welsh, Marina, CA, pro se., Claire Truxaw Cormier, Esquire, Assistant U.S., Office of the U.S. Attorney, San Jose, CA, for Defendant-Appellee.

Shari Welsh v. United States Army

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Opinion

MEMORANDUM ***

Shari Jean and Sam Welsh appeal pro se from the district court’s order dismissing their Federal Tort Claims Act (“FTCA”) action alleging injuries from exposure to carbon tetrachloride at their residence on a former army base. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Terbush v. United States, 516 F.3d 1125, 1128 (9th Cir. 2008), and we affirm.

The district court properly dismissed the action for lack of subject matter jurisdiction because the United States is immune from liability under the discretionary function exception to the FTCA. See 28 U.S.C. § 2680(a); Terbush, 516 F.3d at 1129 (explaining that the discretionary function exception applies if the challenged action involves an “ ‘element of judgment or choice,’ ” and is “ ‘grounded in social, economic, or political policy’ ” (citations omitted)).

The Welshs’ remaining contentions are unpersuasive.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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