Dovenberg v. United States of America et al
| James Dovenberg |
| Oregon Department of Forestry, State of Oregon, State of Oregon Department of Forestry, United States Forest Service and United States of America |
| 3:2008cv00889 |
| November 5, 2009 |
| US District Court for the District of Oregon |
| Portland Office |
| Michael W. Mosman |
| Torts to Land |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
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Filing
39
OPINION AND ORDER: Plaintiff's Complaint alleges property damage caused by the Forest Service's negligence in fighting the Shake Table Complex Fire as well as its negligence in supervising firefighters and personnel during and follow ing suppression of the fire. Plaintiff acknowledged the discretionnecessarily involved in such firefighting, and presented no evidence showing that the Forest Service and its employees failed to base their decisions on public policy considerations. I find that the discretionary function exception applies in this case, depriving this court of subject matter jurisdiction. Therefore, I GRANT defendants' Motion to Dismiss 28 and plaintiff's claims aredismissed with prejudice. Signed on 11/5/09 by Judge Michael W. Mosman. (dls)
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