GREEN v. U.S.

No. 09-16180.

630 F.3d 1245 (2011)

Gregory G. GREEN; Victoria D. Green, husband and wife; Silver Starr De Varona; John Elbert Ervin, husband and wife, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2011.


Attorney(s) appearing for the Case

John F. Munger , Adriane J. Parsons , Munger Chadwick, P.L.C., Tucson, AZ, for the plaintiff-appellant.

Dennis K. Burke , Christina M. Cabanillas , Charles A. Davis , Tucson, AZ, for the defendant-appellee.

Opinion by Judge BEA; Concurrence by Judge B. FLETCHER.


OPINION

BEA, Circuit Judge:

This case presents the question whether statutory qualified immunity protects the U.S. Forest Service's ("Forest Service") failure to notify nearby private property owners that it intended to light a "backfire"1 to fight a wildfire and its failure to notify property owners that the backfire had exceeded Forest Service boundaries near their private properties. Gregory and Victoria Green, Silver Starr...

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