No. 23-968

Steven Dakota Knezovich, et al. v. United States, et al.

Lower Court: Tenth Circuit
Docketed: 2024-03-06
Status: Denied
Type: Paid
Response Waived
Tags: circuit-court-split circuit-split discretionary-function-exception federal-tort-claims-act government-liability negligence sovereign-immunity tort-liability wildland-fire wildland-fire-response
Key Terms:
Privacy
Latest Conference: 2024-05-09
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTION PRESENTED In Rayonier, infra, this Court held that the Federal Tort Claim 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 wildland fire managers?

Docket Entries

2024-05-13
Petition DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-05
Waiver of right of respondent United States to respond filed.
2024-03-04
Petition for a writ of certiorari filed. (Response due April 5, 2024)

Attorneys

Steven Dakota Knezovich, et al.
Quentin M. RhoadesRhoades & Erickson PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent