B & F Trawlers, Inc. And International Bank, N.A. v. United States

EDITH H. JONES, Circuit Judge:

Appellants challenge the district court’s dismissal of their complaint filed against the government under the Suits in Admiralty Act (“SIAA”), 46 U.S.C. §§ 741 et seq., and the Public Vessels Act (“PVA”), 46 U.S.C. §§ 781 et seq. The issue is whether and under what circumstances these statutes subject the federal government to liability for damaging a vessel apprehended while smuggling marijuana. We REVERSE and REMAND, primarily for the district court to reconsider the government’s immunity in light of the discretionary function exception.

I 1

On February 23, 1985,…