Legal Opinion
Bartley H. O'TOOle Lilly E. O'TOOle v. United States
Court of Appeals for the Ninth Circuit
Decided July 10, 2002No. 01-15310PublishedCited by 68 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge.
The O’Tooles have a ranch upstream from government-owned property held in trust by the Bureau of Indian Affairs. They allege that the BIA’s negligent maintenance of the irrigation system on its property caused the river to back up onto their land, resulting in considerable damage. The district court dismissed the case for lack of subject matter jurisdiction, finding that the government’s actions fell within the discretionary function'exception to the Federal Tort Claims Act. We hold that the BIA’s decision to spend' its limited funds in other ways, allowing the…
2Cases cited16 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Dalehite v. United StatesSupreme Court of the United States · 1953
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
11 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Lorrin Whisnant, Individually v. United StatesCourt of Appeals for the Ninth Circuit · 2005
- Terbush v. United StatesCourt of Appeals for the Ninth Circuit · 2008
- Sydnes v. United StatesCourt of Appeals for the Tenth Circuit · 2008
- Donna Young v. United StatesCourt of Appeals for the Ninth Circuit · 2014
- Simonoff v. Expedia, Inc.Court of Appeals for the Ninth Circuit · 2011
63 more not listed; retrieve them via the Exa API.