United States v. S.A. Empressa de Viacao Aerea Rio Grandense (Varig Airlines) (1983)
- Docket
- 82-1349
- Decided
- 1983-01-01
Summary
Question: Can the U.S. be held liable under the FTCA for the FAA's decision to use the "spot-check" program to monitor compliance with airworthiness certification standards? Conclusion: No. Government liability under the FTCA is limited by the discretionary function exception of 28 U.S.C. Section 2680(a), which provides that the federal government may not be held liable for "[a]ny claim based upon an act or omission of an employee of the Government . . . based upon the exercise or performance or the failure to exercise or perform a discretionary function . . . whether or not the discretion involved be abused." The FAA's decision to institute the "spot-check" program to monitor compliance with its minimum safety standards was clearly discretionary and protected by Section 2680(a). It was a calculated decision which took into account the objectives of the certification process in light of practical considerations such as funding and staffing. Judicial intervention in such a decision would be precisely what the discretionary function exception was designed to prevent.