Miller v. United States

Donald and Janet Miller, D.J. Miller Ranches, Inc., and D & J Ranches, a partnership consisting of Donald and Janet Miller (“the Millers”) appeal the United States District Court of Oregon’s grant of summary judgment for the United States. The Millers sued the United States Forest Service for damages incurred when a forest fire spread from the Ochoeo National Forest onto their property. The district court granted the government’s motion for summary judgment, holding that the discretionary function exception to the Federal Tort Claims Act (“FTCA”) immunized the government from suit. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1993), and we affirm the district court’s grant of summary judgment.

I.

FACTS

When lightning strikes the dry forests of eastern Oregon in August, fire follows. After ninety days with no rain and with temperatures above normal, a thunderstorm ignited several fires on the Snow Mountain Ranger District (“SMRD”) of the Ochoco National Forest on August 6, 1990. Les Holsapple, the fire management officer for the SMRD, first spotted the fire that damaged the Miller’s property (“the Bald Butte fire”) around 7:00 p.m. In the course of that hour, several other…