What is the discretionary function element of the test for determining whether a plaintiff has a discretionary function?
MultiRegion, United States of America
The following excerpt is from Little v. City of Seattle, 863 F.2d 681 (9th Cir. 1989):
The district court did not address the discretionary function element of the test. This court can, however, decide the issue. See Scott v. DeMenna, 840 F.2d 8, 9 (11th Cir.), cert. denied , --- U.S. ----, 109 S.Ct. 138, 102 L.Ed.2d 110 (1988) (deciding the discretion issue on appeal even though it was not addressed below).
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