United States Ninth Circuit

In an action against the government under the Federal Tort Claims Act (FTCA) brought by an individual who was severely injured when he fell off a cliff at a campground operated by the Army Corps of Engineers, summary judgment for the government is reversed where, contrary to the findings below, the discretionary function exception does not apply to bar jurisdiction under the FTCA.

Appellate Information

• Argued 07/13/2007
• Decided 08/29/2007
• Published 08/29/2007

Judges

• Before:  PROCTER HUG, JR., PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Amitai Schwartz (argued), Lisa M. Sitkin, Law Offices of Amitai Schwartz, Emeryville, CA, for the plaintiff-appellant.


• For Appellees:
  
• Kevin V. Ryan, United States Attorney, Joann M. Swanson, Chief, Civil Division, Owen P. Martikan (argued), Assistant United States Attorney, San Francisco, CA, for the defendant-appellee.