DANIEL ALLEN; CATHLEEN ALLEN v. UNITED STATES OF AMERICA - Articles

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Posted by: Karen Belcher on Oct 3, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Kevin M. Carlson, PITT, MCGEHEE, PALMER, BONANNI & RIVERS P.C., Royal Oak, Michigan, for Appellants.

Attorneys 2: ARGUED: Zak Toomey, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Kevin M. Carlson, Beth M. Rivers, Michael L. Pitt, PITT, MCGEHEE, PALMER, BONANNI & RIVERS P.C., Royal Oak, Michigan, for Appellants.

Attorneys 4: ON BRIEF: Zak Toomey, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Judge(s): WHITE, THAPAR, and NALBANDIAN, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Michigan at Bay City

PER CURIAM. When Michigan’s Edenville Dam collapsed, it caused disastrous flooding. Daniel and Cathleen Allen lived downstream, and their home was among those destroyed. The Allens sued, alleging that the United States negligently entrusted operation of the Dam to an unfit operator. The district court dismissed the case for lack of subject-matter jurisdiction, holding that the government was entitled to sovereign immunity. We affirm.

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