Dalehite v. United States

In Dalehite v. United States (1953) 346 U.S. 15, the United States Supreme Court held the discretionary function exception extends to negligent conduct. "One only need read title 28 United States Code section 2680 (containing the exceptions to the FTCA) in its entirety to conclude that Congress exercised care to protect the Government from claims, however negligently caused, that affected the governmental functions." (Dalehite, at p. 32) As the court explained, "the exercise of discretion could not be abused as expressly referenced in the statute without negligence or a wrongful act." (Id. at p. 33.) The court observed its reading of the statute was further confirmed by the legislative history of the act. (Id. at p. 29, fn. 21.) The judiciary committees of both the Senate and House of Representatives stated: " 'The bill is not intended to authorize a suit for damages to test the validity of or provide a remedy on account of such discretionary acts even though negligently performed and involving an abuse of discretion.' " (Ibid.)