United States Fifth Circuit
Davis v. US, 08-31119
In an action by the family of a person killed during a Hurricane Katrina rescue operation, dismissal of the complaint is affirmed where: 1) plaintiffs did not identify a mandatory duty breached by U.S. Navy rescuers; 2) rescuers' decisions were grounded in public policy considerations; and 3) the discretionary function exceptions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the Federal Tort Claims Act apply.
Appellate Information
- Decided 10/29/2009
- Published 02/19/2010
Judges
- PER CURIAM:, Before BARKSDALE, SOUTHWICK, and HAYNES, Circuit Judges.
Court
- United States Fifth Circuit