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· 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 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.