Rawls R. Hawes v. United States

Because the majority applies the discretionary function exception in a way that drains the Federal Tort Claims Act of all meaning, I must respectfully dissent.

I

The Federal Tort Claims Act specifically authorizes suits against the United States for “personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment,” when the United States, “if a private person, would be liable.” 28 U.S.C.A. § 1346(b)(1) (West 1993 & Supp. 2004). Thus, by enacting this legislation, Congress determined that…