Daniel Lesoeur v. United States

Opinion by Judge REINHARDT.

The Lesoeurs appeal the district court’s dismissal of their tort action against the United States for lack of subject matter jurisdiction under the Federal Tort Claims Act (“FTCA”). The district court dismissed the action after finding that it was barred by the discretionary function exception to the FTCA, 28 U.S.C. § 2680 (a). Lesoeur first contends that the discretionary function exception does not apply because the National Park Service (“NPS”) faded to comply with federal regulations. Lesoeur also contends that the NPS’s'negligent failure to warn is not protected by the discretionary function exception.

We affirm the district court’s dismissal of the case. The regulation that was allegedly violated does not apply to the facts of the Lesoeurs’ action. Additionally, the NPS’s failure to warn is protected because political policy considerations were clearly implicated in the decision. Accordingly, the discretionary function exception applies and dismissal was proper.

I.

In 1988, the Lesoeur family was vacationing in the United States. Their vacation included a trip to Grand Ganyon National Park (“Park”), owned by the United States. To enter the…