John R. Cope v. Roland G. Scott United States of America

Opinion of the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this negligence case, John R. Cope appeals a grant of summary judgment against him in favor of the government. The District Court concluded that the government’s allegedly negligent actions were “discretionary functions” immune from suit under the Federal Tort Claims Act (“FTCA”). 28 U.S.C. §§ 1346(b), 2671-2680 (1988 & Supp. V 1993). With respect to Cope’s allegations of negligent road maintenance, we affirm the District Court’s decision. We find, however, that any discretion exercised by the government with respect to…