Anderson

OVERVIEW

Plaintiffs Traci Anderson and Cynthia Irons filed an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1994), alleging the government was liable for, inter alia, negligent supervision and sexual harassment based on a Washington state civil rights statute. Wash. Rev.Code (RCW) § 49.60.030 (Supp.1996-1997). The court entered a judgment awarding compensatory damages. It issued a separate award covering attorneys’ fees and expenses. The district court reasoned that because the state statute authorizes an award of attorneys’ fees and expenses against private parties, the government should likewise be liable for such fees and expenses. This court reverses and remands to vacate judgment only to the extent that it grants an award of attorneys’ fees and expenses against the United States.

STANDARD OF REVIEW

This court reviews de novo the issue of sovereign immunity for the purposes of recovering attorneys’ fees under the FTCA. E.J. Friedman Co. v. United States, 6 F.3d 1355, 1357 (9th Cir.1993).

DISCUSSION

The FTCA does not contain an express waiver of sovereign immunity for attorneys’ fees and expenses. We adopt the reasoning…