Rabieh-v-United States of America,et.al

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20195:19-cv-00944California7,369 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

RAAD ZUHAIR RABIEH,

Case No. 5:19-cv-00944-EJD Plaintiff, ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS 10 UNITED STATES OF AMERICA, et al., Re: Dkt. No. 24 11 Defendants.

In April 2016, Plaintiff was allegedly assaulted at the Robert F. Peckham Federal Building in San Jose, California. Defendants argue that, to the extent this allegation is true, they are improper defendants because the Federal Tort Claims Act (“FTCA”) bars Plaintiff from pursuing the asserted causes of action against the United States. The Court finds this motion suitable for consideration without oral argument. See N.D. Cal. Civ. L.R. 7-1(b). Having considered the Parties’ papers, the Court GRANTS Defendants’ motion to dismiss. I. BACKGROUND A. Factual Background On April 12, 2016, Plaintiff arrived at the Robert F. Peckham Federal Building (“Federal Building”) around…

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