Filed October 14, 2016
The D.C. Circuit has held “that the discretionary-function exception does not categorically bar FTCA tort claims where the challenged exercise of discretion allegedly exceeded the government’s authority to act.” Loumiet v. United States, 828 F.3d 935, 930 (D.C. Cir. 2016). To overcome the discretionary function exception, however, Loumiet must still shoulder the burden alleging facts sufficient to state a plausible constitutional violation.