Rabieh-v-United States of America,et.al
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7
RAAD ZUHAIR RABIEH,
8 Case No. 5:19-cv-00944-EJD Plaintiff, 9 ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS 10 UNITED STATES OF AMERICA, et al., Re: Dkt. No. 24 11 Defendants. 12
13 In April 2016, Plaintiff was allegedly assaulted at the Robert F. Peckham Federal Building 14 in San Jose, California. Defendants argue that, to the extent this allegation is true, they are 15 improper defendants because the Federal Tort Claims Act (“FTCA”) bars Plaintiff from pursuing 16 the asserted causes of action against the United States. The Court finds this motion suitable for 17 consideration without oral argument. See N.D. Cal. Civ. L.R. 7-1(b). Having considered the 18 Parties’ papers, the Court GRANTS Defendants’ motion to dismiss. 19 I. BACKGROUND 20 A. Factual Background 21 On April 12, 2016, Plaintiff arrived at the Robert F. Peckham Federal Building (“Federal 22 Building”) around…