Saunders

Saunders v. United States

Good Law
99 F. App'x 814
United States Court of Appeals for the Ninth CircuitMay 25, 2004No. 03-35157; D.C. No. CV-01-05099-RHWCalifornia843 words

Opinion

Lead Opinion

MEMORANDUM *

Billie Saunders, the widow of Washington State trooper James E. Saunders, appeals the district court’s summary judgment ruling in favor of the United States dismissing her wrongful death action brought pursuant to the Federal Tort Claims Act (“FTCA”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s summary judgment ruling. See United States v. City of Tacoma, Wash., 332 F.3d 574, 578 (9th Cir.2003). Our review is governed by the same standard used by the trial court under Federal Rule of Civil Procedure 56(c). See Suzuki Motor Corp. v. Consumers Union, Inc., 330 F.3d 1110, 1131 (9th Cir.2003). Summary judgment may be affirmed on any ground supported by the record. See Solomon v. Interior Reg’l Housing Auth., 313 F.3d 1194, 1196 (9th Cir.2002). As to tort claims under the FTCA, the United States is hable “in the same manner and to the same extent as a private individual under like circumstances.” 28 U.S.C. § 2674 . The determination of liability is based on the law of the state where the alleged acts or omissions occurred. 28 U.S.C. § 1346 (b). Therefore, Washington law controls here.

I.

The district court…

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