Leland J. Seyler and Aileene Seyler, Husband and Wife v. United States

Leland Seyler, an enrolled member of the Coeur d’Alene Indian tribe, appeals the district court’s entry of summary judgment against him in this Federal Tort Claims Act (FTCA) suit. Seyler was injured while riding as a passenger on a friend’s motorcycle. The ride was taken for pleasure. The motorcycle failed to negotiate a turn on a road maintained by the Bureau of Indian Affairs (BIA). Seyler claimed that the road was negligently designed, maintained and marked by the BIA.

In a published memorandum opinion and order, the district court ruled that the United States was not liable for damages arising from Seyler’s motorcycle accident on the Coeur d’Alene Indian Reservation because (1) the government is immune from suit under Idaho’s recreational use statute, Idaho Code § 36-1604 ; and (2) the government is immune from suit under the discretionary function exception to the FTCA, 28 U.S.C. § 2680 (a). Seyler v. United States, 643 F.Supp. 1027, 1028-29 (D.Idaho 1986). We review the district court’s ruling de novo. O’Neal v. United States, 814 F.2d 1285, 1287 (9th Cir.1987). We reverse.

DISCUSSION

1. The recreational use statute

The Federal Tort Claims Act (FTCA) authorizes suits…