United States Ninth Circuit

The Bureau of Indian Affairs's decision to spend its limited funds in other ways, allowing an irrigation system on its property to fall into disrepair and cause damage to upstream property, is not protected by the discretionary function exception to the Federal Tort Claims Act.

Appellate Information

• Argued 05/13/2002
• Decided 07/10/2002
• Published 07/10/2002

Judges

• SILVERMAN, Circuit Judge., Before: HAWKINS and SILVERMAN, Circuit Judges, and RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stewart R. Wilson,Wilson and Barrows, Ltd., Elko, NV, for the plaintiffs-appellants.


• For Appellees:
  
• Lowell V. Sturgill, Jr., United States Department of Justice, Washington, DC, for the defendant-appellee.