Andrew Straw v. United States ( 2022 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 22-5106 September Term, 2021
1:22-cv-00118-UNA
Filed On: June 23, 2022
Andrew U.D. Straw, Esquire,
Appellant
v.
United States of America,
Appellee
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Rao and Walker, Circuit Judges, and Sentelle, Senior Circuit Judge
JUDGMENT
This appeal was considered on the record from the United States District Court
for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P.
34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing, the notice in lieu of
reply brief, and the Rule 28(j) letter, it is
ORDERED AND ADJUDGED that the district court’s March 7, 2022 order
dismissing the case and April 6, 2022 order denying reconsideration be affirmed. The
Federal Tort Claims Act does not waive the United States’ sovereign immunity for
claims brought by children of servicemen for service-connected injuries. Lombard v.
United States, 690 F.2d 215 (D.C. Cir. 1982). Moreover, appellant has not shown any
abuse of discretion in the district court’s denial of reconsideration. See Smalls v. United
States, 471 F.3d 186, 191 (D.C. Cir. 2006). Appellant asks this court to overturn
Lombard, but a three-judge panel may not overturn a decision of a prior panel of this
court. See La. Pub. Serv. Comm’n v. FERC, 522 F.3d 378, 390 (D.C. Cir. 2008).
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 22-5106 September Term, 2021
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution
of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.
P. 41(b); D.C. Cir. Rule 41.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk
Page 2