What is the burden of proving discretionary function exceptions?
MultiRegion, United States of America
The following excerpt is from Ruffino v. United States, 374 F.Supp.3d 961 (E.D. Cal. 2019):
burden of proving discretionary function exception applies). Where the summary judgment standard applies, "[t]he plaintiff has the burden of showing that there are genuine issues of material fact as to whether the exception should apply, but the government bears the ultimate burden of establishing that the exception applies." Miller v. United States , 163 F.3d 591, 594 (9th Cir. 1998).
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