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Brown v. United States

479 U.S. 1058 Court SCOTUS Decision date 1987-01-20 Docket No. 86-528. No. 86-202 English

Judges with whom Justice Blackmun joins,

Decision Majority (1) · Dissent — White J.

Contents
p. 1058
No. 86-528.
No. 86-202.
Brown, Individually and as Personal Representative of Brown, et al. v. United States; and Sea Fever Corp. v. United States.

C. A. 1st Cir. Certiorari denied. Reported below: No. 86-528, 790 F. 2d 199 ; No. 86-202, 795 F. 2d 76 .

with whom Justice Blackmun joins,

dissenting.

These cases present the question whether the discretionary-function exception to liability under the Federal Tort Claims Act, 28 U. S. C. § 2680 (a), encompasses governmental decisions involving allocation of resources. The Court of Appeals in these cases held that such decisions are covered by the discretionary-function exception. 790 F. 2d 199 , 202 (CA1 1986). Other Courts of Appeals have rejected this view. See Eklof Marine Corp. v. United States, 762 F. 2d 200 , 204 (CA2 1985). See also Aslakson v. United States, 790 F. 2d 688 , 693 (CA8 1986). I would grant one of these petitions to resolve the conflict.

Cases cited

Statutes and regulations cited