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· 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 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.