Steven Paul Phillips and Phyllis Diane Phillips v. United States

How courts have described this case

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

• holding that a non-discretionary function existed based on a safety manual
• applying 4 Case: 19-15023 Date Filed: 09/29/2020 Page: 5 of 7 Georgia law to a negligence claim against the government arising from an accident at Robins Air Force Base
• “Where there exists a mandatory responsibility, there is no room for policy choice”
• although the Corps was not actively engaged in the contractor’s construction work, it did have duties to inspect the scaffolds and to ensure that the contractor did so, the breach of which duties by the Corps would support liability
• “Where there exists a mandatory responsibility, there is no room for a policy choice. In the instant case, Army Corps personnel did not obey the Corps’s Safety Manual’s directives. The Army Corps's conduct did not involve a permissible exercise of policy judgment.”

Source: CourtListener parenthetical corpus (CC0).