Does the discretionary function exception apply to a government failure to warn of a hazard?
MultiRegion, United States of America
The following excerpt is from Green v. U.S.A, DC. No. 08-311-TUC-CKJ, DC. No. 08-313-TUC-JMR, No. 09-16180 (9th Cir. 2011):
I concur in the result. I write separately, however, to clarify our holding in Miller v. United States, 163 F.3d 591 (9th Cir. 1998), and to emphasize that the discretionary function exception does not apply to the government's failure to warn of an agency-created hazard.
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