Pinckney v. United States of America, The
||United States of America, The
||June 30, 2016
||US District Court for the District of South Carolina
||Richard M Gergel
|Nature of Suit:
||Other Personal Injury
|Cause of Action:
|Jury Demanded By:
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|June 18, 2018
ORDER AND OPINION This order relates to all consolidated cases Despite clear evidence of system failures in the federal background check system, it is manifest that under the well-established standards of the FTCA and t he specific immunity provisions contained in Brady Act provide the victims of this tragedy no remedy at law. In exceptional circumstances, Congress may authorize a private bill to provide for compensation to victims where there is no remedy at law. < i>See, e.g., Act for the relief of sixteen employees of the Charleston Naval Shipyard, Private L. No. 98-12, 98 Stat. 3419 (1984) (private bill sponsored by Sen. Strom Thurmond). This is ultimately a determination of Congress. This Court has set forth detailed factual findings that may be of some assistance to Plaintiffs if they wish to petition their Government for a private relief bill. The Government's motion to dismiss is granted. AND IT IS SO ORDERED. (granting (43) Motion to Dismiss in case 2:16-cv-02356-RMG) Signed by Honorable Richard M Gergel on 6/18/2018. Associated Cases: 2:16-cv-02356-RMG et al.(sshe, )
|March 23, 2017
ORDER AND OPINION The Court GRANTS Plaintiffs' motion for jurisdictional discovery (Dkt. No. (16) in case 2:16-cv-02356-RMG (Lead case)) and DENIES Defendant's motion to dismiss (Dkt. No. (12) in case 2:16-cv-02356- RMG (Lead case)). Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE as to the discretionary-function exception, the argument that Plaintiffs' claims are not actionable under South Carolina law under theories of negligent creation of risk and negligence per se, and is DENIED WITH PREJUDICE as to the misrepresentation exception. The Court ORDERS jurisdictional discovery to be completed by June 1, 2017. Defendant may renew its motion to dismiss regarding the discretionary-f unction exception, negligent creation of risk, and negligence per se after the close of jurisdictional discovery. Pursuant to the Court's consolidation order, the Clerk is directed to terminate all pending motions in related cases. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/23/2017. Associated Cases: 2:16-cv-02356-RMG et al, all pending motions termed.(sshe, )
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