Blankenburg v. United States

MEMORANDUM *

Nicholas Blankenburg appeals the district court’s grant of summary judgment for the United States, which was based on the Federal Tort Claims Act’s discretionary function exception, 28 U.S.C. § 2680(a). For the exception to apply, the government must prove that (1) the challenged conduct involves an element of judgment or choice; and (2) the judgment or choice is the type the discretionary function exception was designed to shield, see Berkovitz v. United States, 486 U.S. 531, 536-37, 108 S.Ct. 1954, 100 L.Ed.2d 531 (1988), that is, one based on “social, economic, or political…