Kapua

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 18 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN KAPUA, No. 24-7646 D.C. No. Plaintiff - Appellant, 3:24-cv-00357-AN v.

MEMORANDUM*

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Adrienne C. Nelson, District Judge, Presiding

Argued and Submitted February 2, 2026 Portland, Oregon

Before: CHRISTEN, HURWITZ, and DESAI, Circuit Judges.

John Kapua appeals the district court’s dismissal of this Federal Tort Claims

Act (“FTCA”) action for lack of subject matter jurisdiction. We have jurisdiction

under 28 U.S.C. § 1291. We review de novo, Alaska v. Babbitt, 38 F.3d 1068, 1072

(9th Cir. 1994), recognizing that the “FTCA’s waiver of sovereign immunity is

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. strictly construed in favor of the sovereign,” FDIC v. Craft, 157 F.3d 697, 707 (9th

Cir. 1998). We affirm.

1. This suit involves a collision…