Read Fothergill v. US, 08-1365

In a negligence action brought under the Federal Tort Claims Act, district court's dismissal of plaintiffs' action is affirmed where the court did not err in applying the discretionary function exception of the Act, as the design criteria of the government building was susceptible to policy analysis and thus there is discretion of the type and kind shielded by the statute.

Appellate Information

• Submitted 05/05/2009
• Decided 05/21/2009
• Published 05/21/2009

Judges

• SELYA, Circuit Judge., Before HOWARD, SELYA and HANSEN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Luis M. Chaves Ghigliotty on brief for appellants.


• For Appellees:
  
• Ray E. Donahue, Acting Chief Counsel, Appellate Division, United States Postal Service, Michelle A. Windmueller, Attorney, Appellate Division, and Rosa Emilia Rodríguez-Vélez, United States Attorney, on brief for appellee.