Kevin Abbey v. USA

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN ABBEY; et al. *, No. 23-15170

Plaintiffs-Appellants, D.C. No. 3:20-cv- v. 06443-JD

UNITED STATES OF AMERICA;

UNITED STATES DEPARTMENT OPINION

OF THE NAVY,

Defendants-Appellees,

and

TETRA TECH, INC.,

Defendant.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted May 15, 2024 San Francisco, California

Filed August 20, 2024

* The court is not listing herein all of the numerous individual plaintiffs in this appeal. Before: Kenneth K. Lee and Daniel A. Bress, Circuit Judges, and Gloria M. Navarro, ** District Judge.

Opinion by Judge Lee

SUMMARY ***

Federal Tort Claims Act

The panel affirmed the district court’s dismissal for lack of subject matter jurisdiction of a Federal Tort Claims Act (FTCA) action, brought by current and former San Francisco Police Department (SFPD) employees, alleging that the United States misled the City of San Francisco and the SFPD about the safety of a…