Whether the discretionary function exception bars a claim against the government, even if a private employer could be liable under the same circumstances

QUESTION(S) PRESENTED ._.. Exceptions pursuant to which the government is not subject to suit, even if a private employer could be liable under the same circumstances. These exceptions include the discretionary function exception, which bars are claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or a employee of the government , whether or not the discretion invoived be abused. 28 usc 2680(a)(h). In order to determine whether conduct falls within the discretionary function exception, the courts must apply a two-part established in Berkovitz v. U.S. 486 U.S. 531,536,880 F. 2d. 1018,1025(9th Cir.89). first, the question must be asked whether the conduct involved an element of judgement or choice. 499 U.S. 315,322(91). This requirement is not satisfied if a federal statute, regulation, or policy specifally prescribes course of action for an employee to follow. 486 U.S. 536. Once the element of judgement is established, the next inquiry must be whether that judgement is of kind that the discretionary function exception was designed to shield in that involves consideration of social, economic, and political policy. Gaubert, 499 U.S. 322-23. See Supreme Ct. Rule 19,20,36,28-USC 2253(c) ee _ _— __.. USTOFPARTIES -_. —— ——...—— IX] All parties appear in the caption of the case on the cover page. _{ ] All parties do not appear in the caption of the case on the cover page. A list of all