United States Third Circuit

In a suit against the United States under the Federal Tort Claims Act (FTCA), alleging that the government negligently failed to warn of the danger posed by barracudas to shallow water bathers, the district court's dismissal for lack of subject matter jurisdiction is affirmed on the basis that the government was immune from suit under the discretionary function exception to the FTCA's waiver of sovereign immunity, where 1) no statute, regulation, or policy mandated specific action by National Park Service (NPS) officials with respect to warning signs; and 2) NPS's decision not to post additional warning signs or add language to existing warning signs regarding the danger of a shoreline barracuda attack was susceptible to policy analysis.

Appellate Information

• Decided 04/10/2012
• Published 04/10/2012

Judges

• Fisher

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Pamela L. Colon, Lowell V. Sturgill, Jr.