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· 10/30/2023

Perez Hernandez, Laura v. Perez Raices, Darlene

How courts have described this case

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

  • acknowledging that decisions about how to fight a fire, attack a fire, and allocate fire suppression resources are decisions grounded in public policy
  • finding that the discretionary function exception did not apply to the Forest Service's failure to warn property owners of its decision to light a backfire nearby
  • holding that a plan requiring the Forest Service to develop a map of private land and record landowners’ contact information was a mere “objective” involving an element of choice because it did not “dictate[] the precise manner in which the agency [was] to complete the challenged task”
  • noting that Forest Service’s communication was discretionary but failed to find root in policy
  • reversing dismissal of an FTCA claim where the Forest Service allegedly failed to warn plaintiffs of a backfire that the Forest Service started
  • “On a motion to dismiss for lack of subject matter jurisdiction 22 under Fed. R. Civ. P. 12(b)(1

Source: CourtListener parenthetical corpus (CC0).

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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.