Vernon Parker v. United States

MEMORANDUM

Appellants Vernon Parker and Lisa Far-ringer Parker appeal from the district court’s order dismissing their Complaint for lack of subject matter jurisdiction and failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 , and now affirm.

The district court found that the Parkers’ abuse of process claim was covered by the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680 (a), and dismissed it for lack of subject matter jurisdiction. We agree. The government has established that the Small Business Administration’s Office of Inspector General’s investigation into VBP Group, LLC’s 8(a) certification application was not subject to any legal constraint or mandatory procedure under federal law; Special Agent Lee Bacon retained discretion, and his investigation was “susceptible to a policy analysis.” Green v. United States, 630 F.3d 1245, 1249, 1251 (9th Cir.2011) (quotation marks omitted). The subjective motivations or procedural irregularities the Parkers allege are irrelevant, as this discretionary government function as a whole is excepted from the FTCA’s waiver of sovereign immunity. United States v. Gaubert, 499 U.S. 315,…