What is the burden of proving the discretionary function exception?
MultiRegion, United States of America
The following excerpt is from Davis v. Fed. Bureau of Investigation, Case No. 17-cv-00701-BAS-AGS (S.D. Cal. 2017):
The United States bears the burden of showing the discretionary function exception applies. Id. The Government must show that: (1) the action or inaction involved "an element ofjudgment or choice" (id. (quoting United States v. Gaubert,
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