Joseph Olson, Monica Olson, Javier Vargas v. United States

Plaintiffs Joseph Olson, his wife Monica, and Javier Vargas appeal the district court’s entry of final judgment on their Federal Tort Claims Act (“FTCA”) claims pursuant to the government’s motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(1) and 12(b)(6).

Joseph Olson and Vargas were permanently disabled when a nine-ton slab of earth fell from the ceiling of the mine where they were working. Plaintiffs sued the Mine Safety and Health Administration (“MSHA”) alleging that the Agency was liable for the miners’ injuries due to its negligence in carrying out or failing to carry out mandatory MSHA policies and procedures. Specifically, plaintiffs’ claims for negligence arose from two main acts which they allege proximately caused their injuries: (1) MSHA Field Office Supervisor James Kirk’s failure to evaluate six written and oral complaints he received regarding safety hazards at the mine; and (2) MSHA Inspector Alan Varland’s failure to inspect the mine thoroughly and in its entirety.

The government moved to dismiss, and the district court granted the 12(b)(1) and (b)(6) motion on the grounds that the discretionary-function exception to the FTCA shielded the government from…