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· 8/31/2006

Marsh v. Billington Farms, LLC, 04-3123 (r.I.super. 2006)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Navy's maintenance decisions regarding facilities used by civilian law enforcement fell within the exception
  • explaining that allowing the threat of tort liability to shape military policy is “exactly what the- discretionary function exception seeks to avoid”
  • finding that the discretionary function exception applied when the plaintiff-employee alleged that the Navy negligently maintained its training facilities
  • explaining that “the requirement that shielded conduct be taken pursuant to specific policies expressed in federal law explains some of those courts’ reluctance to apply the discretionary function exception”
  • explaining that the conduct in these instances “is unprotected by the discretionary function exception”
  • discretionary function exception applicable to governmental decision within scope of regulatory policy “even when made negligently”

Source: CourtListener parenthetical corpus (CC0).

Judges: SILVERSTEIN, J.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.