· 1/9/1997
Roger R. Chantal v. United States
Citations
- 104 F.3d 207
- 1997 U.S. App. LEXIS 304
- 1997 WL 6107
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the NPS’s decision to not alter steps at a national monument or mark them with a visual warning involved policy considerations, and thus, the discretionary function exception barred plaintiffs negligence claim
- applying exception to installation of steps instead of ramp at Gateway Arch, which balanced safety with aesthetics
- affirming summary judgement where plaintiff did not “assert that he was injured as a result of negligently performed regular maintenance of the steps.”
- finding the design of steps leading to the Jefferson National Expansion Memorial National Historic Site in St. Louis, Missouri, discretionary and therefore immune from a slip-and-fall case challenging the design of the steps as unsafe
- discretionary function exception is designed to prevent judicial “second guessing” of decisions made by government officials which are essentially grounded in social, economic, and political policy
- “Generally, when governmental policy permits the exercise of discretion, it is presumed that the acts are grounded in policy. Chantal has offered no evidence rebutting this presumption.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Arnold, Magill, Sachs
Read full opinion on CourtListenerSourced 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.