Greg Herden v. United States

BYE, Circuit Judge.

Greg Herden, Roger Herden, and Garrett Herden (the Herdens) sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-80. They alleged their cattle operation suffered damage because of a seed mixture an employee of the United States Department of Agriculture (USDA) directed them to plant on their land. The district court1 dismissed the Herdens’ claims, concluding the federal employee’s conduct fell within the FTCA’s discretionary-function exception. After a divided panel of this court reversed the district court, the en banc court granted the…