James A. Cisco v. United States of America, Acting Through the Environmental Protection Agency

Order

Plaintiffs-Appellants [hereinafter Cisco] appeal the dismissal of their suit filed under the Federal Torts Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1976 & Supp. V 1981) [hereinafter FTCA]. The district court found that the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a), barred Cisco’s claim and accordingly dismissed Cisco’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). We AFFIRM.

The United States Supreme Court has recently addressed the discretionary function exception contained in § 2680(a), and that Court has found the following factors useful…