Meier

MEMORANDUM **

Terry Meier appeals from summary judgment and judgment on partial findings dismissing his claims under the Federal Torts Claims Act (“FTCA”) for emotional distress damages related to colonoscopy procedures performed at a Veterans Administration (“VA”) facility. On summary judgment, which we review de novo, the district court dismissed seven claims for failure to establish jurisdiction under the FTCA and one claim for failure to demonstrate a genuine issue of material fact. Tekle v. United States, 511 F.3d 839, 843 (9th Cir.2007). At trial, the district court dismissed Meier’s remaining three claims under Federal Rule of Civil Procedure 52(c) for judgment on partial findings. We review findings of fact in a bench trial for clear error and conclusions of law de novo. Twentieth Century Fox Film Corp. v. Entm’t Distrib., 429 F.3d 869 , 879 (9th Cir.2005). We affirm.

As the parties are familiar with the facts, we do not repeat them here. In his first three claims, Meier alleged that the Veterans Administration breached its fiduciary duty and acted negligently by failing to secure informed consent before each colonoscopy procedure. The district court dismissed the claims…