allows the court to proceed as it never could under Federal Rule of Civil Procedure 12(b)(6) and it is “free to weigh the evidence and satisfy itself as to the existence of its power to hear the case.” Id., at 163 (citing Lawrence v. Dunbar, 919 F.2d 1525, 1529 (11th Cir.1990)). B. Federal Tort Claims Act The FTCA provides a limited waiver of the United States’ sovereign immunity. The Act provides that the United States is liable for torts caused by negligent acts or omissions of employees of the Government while acting under circumstances where the Government, if a private person, would be liable under the law of the place where the act or omission occurred. 28 U.S.C. §§ 1346(b)(1) and 2674 (emphasis added); United States v. Olson, 546 U.S. 43, 126 S.Ct. 510, 163 L.Ed.2d 306 (2005)(<HOLDING>); Abreu-Guzman v. Ford, 241 F.3d 69, 75 (1st
holding that the united states is liable for interest only in the event of a clear statutory waiver of sovereign immunity holding that the ats does not waive the united states sovereign immunity holding that the united states waives sovereign immunity where local law would make a private person liable in tort under analogous not the same circumstances holding that the government is liable under the ftca in the same respect as a private person under the law of the place where the act occurred holding that local school boards were not entitled to eleventh amendment immunity even though entitled to sovereign immunity in the same degree as the state itself from tort suits