No. 23-213

Brian O'Grady v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2023-09-07
Status: Denied
Type: Paid
Response Waived
Tags: circuit-court-conflict circuit-split discretionary-function-exception federal-tort-claims-act government-liability negligence subject-matter-jurisdiction wildland-fire wildland-fire-response
Key Terms:
Privacy
Latest Conference: 2023-11-03
Question Presented (AI Summary)

Is the United States liable for the negligence of its wildland fire managers?

Question Presented (OCR Extract)

QUESTION PRESENTED In Rayonier, infra, this Court held that the Federal Tort Claims Act (FTCA) “makes the United States liable (with certain exceptions which are not relevant here) for the negligence of its employees” in responding to wildland fire, ruling that none of the FTCA statutory exceptions apply in this context. (Emphasis added). Yet, four subsequent Circuit Courts of Appeals have all held that the FTCA “discretionary function exception” bars liability for negligent wildland fire response, contrary to Rayonier. Given the conflict, is the United States liable for the negligence of its wildland fire managers?

Docket Entries

2023-11-06
Petition DENIED.
2023-10-18
DISTRIBUTED for Conference of 11/3/2023.
2023-10-10
Waiver of right of respondent United States to respond filed.
2023-09-05
Petition for a writ of certiorari filed. (Response due October 10, 2023)

Attorneys

Brian O'Grady
Quentin M. RhoadesRhoades & Erickson PLLC, Petitioner
Quentin M. RhoadesRhoades & Erickson PLLC, Petitioner
Schurg, Michelle, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent