Are decisions to install lake aeration system exempt from tort claims under discretional function exception? Demery v. United States Department of the Interior; Bureau of Indian Affairs (8th Cir. No. 03-1787) (February 6, 2004). Decision by Bureau of Indian Affairs to install aeration system on Belcourt Lake, design of system, decision to warn of dangers of open water, and precise manner of warnings all considered policy analysis protected by the discretionary function exception of the Federal Tort Claims Act. Dismissal of wrongful death action brought by husband of drowning victim affirmed. Full text of ruling
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