Anderson v. United States
| Decision Date | 10 June 2022 |
| Docket Number | 1:18-CV-003011-SAB |
| Citation | 606 F.Supp.3d 1040 |
| Parties | Carl ANDERSON, an individual; Marshall Anderson, an individual; Elmer C. Anderson, Inc., a Washington Corporation; Jeff Wiersma, an individual; J2 Cattle Co., a Washington Corporation; S. Martinez Livestock, Inc., a Washington Corporation; and Nick Martinez, an individual, Plaintiffs, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — District of Washington |
Michael David Helgren, Matthew J. Campos, McNaul Ebel Nawrot Helgren & Vance PLLC, Seattle, WA, Gregory Scot Lighty, Kapuza Lighty PLLC, Yakima, WA, for Plaintiffs.
Derek T. Taylor, Timothy Michael Durkin, John T. Drake, U.S. Attorney's Office, Spokane, WA, for Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
Before the Court is the Defendant United States of America's Rule 12(b)(1) Motion to Dismiss Under FTCA's Discretionary Function Exception, ECF No. 39. The Court held an evidentiary hearing on the motion on March 21 and 22, 2022, in Spokane, Washington. Matthew Campos and Gregory Lighty appeared on behalf of Plaintiffs. Timothy Durkin, Derek Taylor, and John Drake appeared on behalf of Defendant United States of America (the "Government"). The Court took the matter under advisement.
This case is about a brush fire that ignited during a U.S. Army live fire training exercise on July 30, 2016 at the Yakima Training Center. The fire spread onto Plaintiffs’ properties and damaged their cattle business operations. Plaintiffs bring the present action to recover damages under the Federal Tort Claims Act. The Government moved to dismiss the case on the basis that the Court lacks subject matter jurisdiction and Plaintiffs’ claims are barred by the doctrine of sovereign immunity.
In this case, the Government's decision to continue live fire training on July 30th did not involve shortchanging or failing to implement specific safety policies that were already adopted. Rather, Government actors on that day used permissible judgment to balance competing policy considerations that were envisioned by U.S. Army guidelines. For that reason, Plaintiffs’ claims fall within the discretionary function exception to the Federal Tort Claims Act. The claims are barred by sovereign immunity, and the Court lacks subject matter jurisdiction. Thus, the Government's motion is granted.
Plaintiffs Carl Anderson, Marshall Anderson, Elmer C. Anderson, Inc., Jeff Wiersma, and J2 Cattle, Co. filed the above-captioned case against Defendants the United States of America, U.S. Army, and U.S. Department of Defense on January 25, 2018. ECF No. 1. Defendants filed an Answer to the Complaint on March 22, 2018, ECF No. 10, and a Motion to Dismiss for Lack of Jurisdiction against the U.S. Army and U.S. Department of Defense on May 16, 2018, ECF No. 13. They also filed a Motion to Dismiss for Lack of Jurisdiction over Plaintiffs’ inverse condemnation and strict liability claims. ECF No. 16.
Plaintiffs filed a First Amended Complaint on June 26, 2018. ECF No. 21. The following day, Defendants filed a Motion to Dismiss for Lack of Jurisdiction over five of the six remaining claims in the amended complaint. ECF No. 22. Defendants filed an Answer to the First Amended Complaint on July 10, 2018. ECF No. 24. They also submitted the present Motion to Dismiss for Lack of Jurisdiction based on the discretionary function exception on September 18, 2018, ECF No. 39.
Plaintiffs filed a Second Amended Complaint ("SAC") on June 26, 2018, which terminated the U.S. Army and U.S. Department of Defense as defendants, added Nick Martinez and S. Martinez Livestock, Inc. as Plaintiffs, and removed the causes of action for inverse condemnation and strict liability. ECF No. 99. The amendment thus mooted Defendant's initial Motions to Dismiss, ECF Nos. 13, 16.
On May 21, 2019, the Court granted the Defendant's Motion to Dismiss for Lack of Jurisdiction based on the discretionary function exception. ECF No. 111. Plaintiffs appealed the Order, and the Ninth Circuit reversed and remanded on October 20, 2020. ECF Nos. 121, 127. On December 17, 2020, the parties were granted leave to conduct additional discovery and an evidentiary hearing was set. ECF No. 128.
Plaintiffs filed a Motion in Limine regarding the evidentiary hearing on February 18, 2022. ECF No. 135. The parties submitted exhibit lists and trial briefs in anticipation of the same. ECF Nos. 138, 139, 142, 145. The evidentiary hearing was held on March 21 and 22, 2022 in Spokane, Washington. ECF Nos. 149, 151. The parties filed post-hearing briefs in April of 2022. ECF Nos. 154, 155.
This case arises from a brush fire, referred to herein as the "Range 12 Fire," which ignited at the Yakima Training Center on July 30, 2016. The Range 12 Fire started when a U.S. Army soldier fired a machine gun at a target using tracer rounds during a live fire training. One of the tracer rounds ricocheted off the steel target area and landed on some brush, which started the fire. The Range 12 Fire spread beyond the YTC and onto Plaintiffs’ rangeland properties, causing property damage to Plaintiffs’ cattle businesses. Plaintiffs seek damages caused by alleged negligent, tortious, and/or reckless acts of one or more of the U.S. Army soldiers who started the fire during live weapons firing.
At the evidentiary hearing on March 21 and 22, 2022, the Court heard testimony from the former Yakima Training Center Base Commander, Lieutenant Colonel Jarett D. Mathews, and Yakima Training Center Senior Range Officer, George D. Holman.1 The Court finds both witnesses to be credible. The following factual findings derive from the evidence presented at the hearing and the parties’ respective statements of material facts.
The Yakima Training Center ("YTC") presents a 500-mile training and firing range in southeastern Washington State, west of the well-known Hanford Nuclear Reservation. It is the largest military land space in Washington State. The YTC is associated with the U.S. Joint (Military) Base Lewis–McChord ("JBLM"), which is located south of Tacoma in western Washington. The YTC's primary mission is to serve as an active military training area for JBLM Army troops and other visiting units, which is estimated at between 10,000 and 40,000 troops at any given time. YTC provides the opportunity to train in live fire training, maneuver, and combined arms exercises to prepare American and allied soldiers for combat. The principal structure at YTC is the Range Control Office, Building 1805 ("Range Control"), which is a few miles into YTC and south-centrally located. Relevant to this matter, Range 12 is just one small piece of YTC. Range 12 is located eight to ten miles away from Range Control.
The YTC's landscape is mostly shrub-steppe, making it one of the largest remaining shrub-steppe habitats in Washington. Modest hills and valleys dominate the terrain, and the YTC has three distinct parallel ridges running east to west. These elevated areas are part of the western perimeter of the Columbia River Plateau. Given the YTC's military training and live fire purpose, its steppe-shrub brush terrain and high desert climate, it is susceptible to experiencing hundreds of fires each year, principally man-made, but some natural or of unexplained origin. Soldier personnel who are trained in brushfire suppression before training reportedly suppress 80% of these fires.
In addition to fire awareness and brushfire suppression, each Army training unit is required to perform a Risk Assessment of their proposed training activities. During the wildland fire season (April 15th through September 30th), for example, and among many other things, YTC utilizes a Live Fire Risk Matrix. The Fire Matrix uses a fire weather adjective rating, along with wind readings, that produces a numerical point value. The numeric point value determines the decision approval authority to approve or authorize training during the wildland fire season. For example, the Fire Matrix considers a red flag warning an elevated risk. The National Oceanic and Atmospheric Administration provides that red flag conditions exist when wind speeds are maintained at 15 miles per hour at least 20 feet off the ground for several hours. The Risk Assessment ensures that everyone who is involved in training activities contemplates fire risk factors.
Lieutenant Colonel Jarret D. Mathews was the YTC Garrison Commander in July 2016. As Garrison Commander, Lt. Col. Mathews was the senior military officer at YTC and responsible for all operations at the installation.
Senior Range Officer George D. Holman was a civilian employee with decades of experience in range control and management in July 2016. As a Senior Range Officer, he was responsible for managing the YTC's range/training complex and supervising the range division. He maintained responsibility for the timing, coordination, and safety of combined arms firing exercises. Officer Holman also planned, directed, scheduled, and managed all range training activities; this role included developing solutions to range problems and recommending changes to superiors.
A number of units were training at YTC on Friday, July 29, 2016—the day before the Range 12 Fire—including the Company Bravo, 5th Battalion, 20th Infantry (the "Army training unit"). The Army training unit was performing a multitude of training exercises in preparation for a deployment.
Lt. Col. Mathews spent July 29th at JBLM, while Officer Holman was present at the YTC installation. Officer Holman spoke with Lt. Col. Mathews by phone in the evening and reported that several fires had ignited during training. Officer Holman paused training and contacted Lt. Col. Mathews to reassess conditions; this procedure is referred to as a tactical pause or safety stand-down. Officer Holman testified that three small fires ignited on July 29th, which turned...
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