Alfredo Esquivel v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALFREDO CRUZ ESQUIVEL, No. 20-35868 Plaintiff-Appellant, D.C. No. and 2:18-cv-00148-

SAB

DONALD DAVID WILLARD,

Plaintiff,

OPINION

v.

UNITED STATES OF AMERICA, acting through its agent Bureau of Land Management; ARMANDO FORSECA, an individual, in both his personal and representative capacities; TOM DOE, a Bureau of Land Management Employee or Contractor, in both his personal and representative capacities, Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Washington Stanley A. Bastian, Chief District Judge, Presiding

Argued and Submitted November 9, 2021 Seattle, Washington

Filed December 17, 2021 Before: Ronald M. Gould, Richard C. Tallman, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Tallman

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 seeking damages when appellants’ property was intentionally burned by a Type 2 Incident Management Team, convened by the U.S. Forest…