United States Eighth Circuit

A decision finding that the discretionary function exception to the Federal Tort Claims Act (FTCA) shielded the government from liability for accidents alleged to have been caused by a road's state of repair is affirmed as applicable regulations expressly require the Bureau of Indian Affairs to consider the availability of funds when it decides whether to perform maintenance on reservation roads.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• BYE, Circuit Judge., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lee C. McCarren, argued, Pierre, SD, for Appellant.


• For Appellees:
  
• Mark E. Salter, argued, Asst. U.S. Attorney, Sioux Falls, SD, for Appellee.