Makiri

Brigid Makiri appeals the district court’s grant of summary judgment in favor of the United States. The district court held that it lacked subject matter jurisdiction over Makiri’s complaint on the basis of the discretionary function exception to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680 (a). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Because the parties are familiar with the facts of the case, we do not recite them here. We agree with the district court’s analysis and conclusion that the conduct challenged here is protected by the discretionary function exception to the FTCA. The FTCA waives the government’s sovereign immunity for tort claims arising out of negligent conduct of government employees acting within the scope of their employment. 28 U.S.C. § 2672 . The discretionary function exception, however, provides a limited restoration of this immunity for “[a]ny claim ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.” 28 U.S.C. § 2680 (a).

The Supreme Court in Berkovitz…