Wakefield v. United States of America

Filing 17

ORDER granting 14 Motion to Strike Plaintiff's jury demand. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY WAKEFIELD,
Plaintiff,

4:13CV3112

vs.
MEMORANDUM AND ORDER
UNITED STATES OF AMERICA,
Defendant.
The United States has moved to strike the plaintiff’s jury demand on his claims
for recovery under the Federal Tort Claims Act. (Filing No. 14). The plaintiff has not
responded to the motion, and the deadline for responding has passed. The motion is fully
submitted.

Parties are not entitled to a jury trial in most actions against the United States, (see
28 U.S.C. § 2402), including actions pursued under the Federal Tort Claims Act. U.S. v.
Neustadt, 366 U.S. 696, 701 n. 10 (1961) (“There is no right to a jury trial under the Tort
Claims Act.”). See also Mader v. U.S., 654 F.3d 794, 797 n. 1 (8th Cir. 2011) (“FTCA
actions must be tried to a judge, not a jury”).

IT IS ORDERED that the United States’ motion to strike the plaintiff’s jury
demand, (Filing No. 14), is granted.

February 4, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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