Keith L. Prescott v. United States

This case arises from the government’s alleged negligence in protecting workers at the Nevada Nuclear Testing Site. The government appeals the district court’s motion denying summary judgment on the basis of the discretionary function exception to the Federal Tort Claims Act (FTCA). We affirm.

I

These consolidated actions under the FTCA seek damages for injuries allegedly sustained by 220 individuals in the course of the Government’s nuclear weapons testing program in Nevada. All worked at the United States Nevada Test Site and claim to have suffered radiation injuries as a result of the government employees’ alleged negligence in conducting nuclear tests at the site between 1951 and 1981. The plaintiffs claim that their alleged injuries were the result of the following tor-tious acts by the United States:

Prescott v. United States, 724 F.Supp. 792, 798-99 (D.Nev.1989).

The government moved for summary judgment, claiming that plaintiffs’ actions were barred by the discretionary function exception to the FTCA. The FTCA authorizes suits against the United States for damages for personal injuries when a private person would be liable under the law of the place where the…