Hardscrabble Ranch, L.L.C. v. United States

KELLY, Circuit Judge.

Plaintiff-Appellant Hardscrabble Ranch, L.L.C. appeals from the district court’s grant of summary judgment in favor of the government. Hardscrabble sued the government under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680, in connection with the Forest Service’s response to the Sand Gulch Fire, which damaged Hardscrabble’s land. The district court held that the discretionary function exception to the FTCA barred jurisdiction. Hardscrabble Ranch, LLC v. United States, No. 14-cv-00426-REB-MJW, 2015 WL 5307992, at *6 (D. Colo. Sept. 11, 2015). Finding jurisdiction…