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GONZALEZ v. U.S.

No. 13-15218.

814 F.3d 1022 (2016)

Gina M. GONZALEZ, personally and as next best friend of A.F., a minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2016.

Attorney(s) appearing for the Case

Thomas G. Cotter (argued) and Stanley G. Feldman , Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., Tucson, AZ, for Plaintiffs-Appellants.

Steve Frank (argued) and Mark B. Stern , Appellate Staff Attorneys; Stuart F. Delery , Assistant Attorney General; John S. Leonardo , United States Attorney; United States Department of Justice, Civil Division, Washington, D.C., for Defendant-Appellee.

Opinion by Judge BYBEE; Dissent by Judge BERZON.

OPINION

The discretionary function exception of the Federal Tort Claims Act ("FTCA") immunizes the federal government from claims "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty" on the part of the government. 28 U.S.C. § 2680(a). We consider whether...

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