Chang

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YOON SUK CHANG, No. 24-1799 D.C. No. Plaintiff - Appellant, 1:21-cv-00037 v.

UNITED STATES OF AMERICA, OPINION

Defendant - Appellee.

Appeal from the District Court for the Northern Mariana Islands Ramona V. Manglona, Chief District Judge, Presiding

Argued and Submitted February 14, 2025 Honolulu, Hawaii

Before: Sidney R. Thomas, Daniel A. Bress, and Ana de Alba, Circuit Judges.

Filed June 9, 2025

Opinion by Judge Bress; Dissent by Judge S.R. Thomas SUMMARY*

Federal Tort Claims Act

The panel reversed the district court’s judgment dismissing, based on the discretionary function exception of the Federal Tort Claims Act (“FTCA”), Yoon Suk Chang’s complaint against the United States seeking to recover for injuries he sustained at the American Memorial Park on Saipan in the Northern Mariana Islands. Chang alleged negligence under the FTCA based on the National Park Service “allowing a dangerous hole to go unrepaired.” Under the FTCA, the United States is liable for the negligent acts of its employees, but not if the claim is “based upon the…