Federal Tort Claims Act, immunity of government for failure to perform duties

[Guest guest]

In response to 's question on if the government could be sued by

citizens for dereliction of duty in the mold situation.

Again, I am not a lawyer, but my reading of this web page is that this

(below) part of the FTCA would seem to give them carte blanche to do what

they are doing (effectively cover up the truth) with blanket immunity from

lawsuits:

This is quoted from

" Federal Tort Claims Act - Further Readings "

http://law.jrank.org/pages/6809/Federal-Tort-Claims-Act.html

" The most important and troublesome exception has been the FTCA

discretionary function exception. Under this provision, the waiver of

immunity does not apply to any claim " based upon the exercise or performance

or the failure to exercise or perform a discretionary function or duty on

the part of a federal agency or an employee of the Government, whether or

not the discretion involved be abused " (28 U.S.C. § 2680[a]). In *Dalehite

v. United States*, 346 U.S. 15, 73 S. Ct. 956, 97 L. Ed. 1427 (1953), the

U.S. Supreme Court broadly interpreted the discretionary function exception

to include all situations involving the formulation or execution of plans

that were drawn at a high level of government and that entailed exercise of

judgment. In *Dalehite*, federal government workers in Texas were negligent

in packing and shipping explosive material, and their negligence resulted in

the death of 536 people. The Court ruled that the workers were following

specifications prepared by superiors in Washington, D.C., who were

exercising their discretion. Therefore, the discretionary function exception

applied and the government was immune from suit. The Court distinguished

between decisions made at the planning and policy stage and those conducted

at the lower, or " operational, " levels that implement the policy decisions,

even if some judgment or discretion is exercised in carrying out such

decisions.

The *Dalehite* decision has limited the effectiveness of the FTCA for

persons injured by the government. Some commentators have criticized the

Court for allowing the discretionary function exception to swallow the FTCA.

Many cases center on whether the alleged tortious conduct involved the

exercise of discretion or was merely ministerial (carrying out a designated

act), although virtually any act by a government employee is either directly

or indirectly the outcome of an exercise of discretion.?

[Guest guest]

Thanks Live, just noticed this post.

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> In response to 's question on if the government could be sued by

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