· 6/11/1993
Nell D. Autery, as Administratrix of the Estate of Roy Franklin Autery Charlotte Schreiner v. United States
Citations
- 992 F.2d 1523
- 1993 U.S. App. LEXIS 13570
- 1993 WL 176038
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that Park Service hazardous tree elimination program involved exercise of discretion in targeting trees for removal
- holding that the Park Service’s “likely” balancing of different considerations in deciding on a method of inspecting hazardous trees involved policy considerations
- holding that an unwritten policy requiring “that employees ‘make every effort within the constraints of budget, manpower, and equipment available to recognize and report’ hazardous trees” did not create a mandatory directive
- finding that the discretionary function should apply when government officials had to consider \the extent to which the natural state of the forest should be preserved\
- observing that an unspecific statutory or regulatory guideline implies that discretion was intended
- criticizing the district court’s analysis because it ’’appealed] to [have] collapse[d] the question of whether the Park Service was negligent into the discretionary function inquiry”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Kravitch, Roney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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