Garcia

dissenting.

Because I disagree with the majority’s determination that the Postal Inspectors had discretion under their governing regulations to take no action when informed of a threat against Garcia on January 2,1996, I respectfully dissent. As stated in the majority opinion, the relevant regulations required the Postal Inspectors to gather details of a threat, determine if a threat is credible and take appropriate responsive action. The majority determined that the Postal Inspectors’ investigation of Mr. Deniz’s stalking of Garcia in November and early December 1995, satisfied their obligation to review a distinct threat on January 2, 1996. It is with that determination that I disagree.

On January 2, 1996, Garcia reported to the Postal Inspectors that Mr. Dente had made a threat against his life that day. That evening, Mr. Dente shot Garcia rendering him a quadriplegic. The January 2 threat was separate in time, and more serious from the threats previously investigated, and under their own regulations the Postal Inspectors were required to gather information about it and respond appropriately. While the extent of the mandated investigation and response was discretionary, the…

MEMORANDUM **

Richard Garcia sued the United States under the Federal Torts Claim Act (FTCA) alleging negligence by United States Postal Inspectors for failing to investigate a threat to kill him made by a coworker’s husband. The district court granted summary judgment in favor of the United States, finding that it lacked subject matter jurisdiction because the discretionary function exception of the FTCA applied. We review de novo the district court’s determination of lack of subject matter jurisdiction under the discretionary function exception. Arizona Maint. Co. v. United States, 864 F.2d 1497, 1499 (9th Cir.1989). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I

Because the parties are familiar with the tragic facts of this matter, we recite them only as necessary to explain our analysis. Beginning in the fall of 1995, Garcia was •stalked by and received on-going threats from one Deniz, the husband of a co-worker. When Mrs. Deniz reported the threats to the Postal Inspectors, they conducted a detailed investigation involving all relevant parties. They interviewed the non-employee, Deniz, who had threatened both Garcia and another male co-worker, and told Deniz…