Leland J. Seyler & Aileene Seyler, Husband & Wife v. United States, 832 F.2d 120 (9th Cir. 1987). · Go Syfert
Leland J. Seyler & Aileene Seyler, Husband & Wife v. United States, 832 F.2d 120 (9th Cir. 1987). Cases Citing This Book View Copy Cite
“e doubt that any decision not to provide adequate signs would be of the nature and quality that congress intended to shield from tort liability.”
116 citation events (50 in the last 25 years) across 19 distinct courts.
Strongest positive: Bolt v. United States (ca9, 2007-12-03)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Bolt v. United States
9th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e doubt that any decision not to provide adequate signs would be of the nature and quality that congress intended to shield from tort liability.
discussed Cited as authority (rule) Winters v. United States
E.D. Cal. · 2014 · confidence medium
Relying on Seyler v. United States, 832 F.2d 120, 122 (9th Cir.1987), plaintiff argues “ ‘[i]t would be absurd to apply the statute to an ordinary highway’ ” because “ ‘[a]n ordinary highway is not a recreational area, and the intent of the statute would be ill served by applying it to one.’ ” Opp’n at 3 (quoting Mattice, 969 F.2d at 822 ). 1 On that reasoning, the Sey-ler court rejected application of an Idaho recreational immunity statute—more “far-reaching” than the instant California statute, Mattice , 969 F.2d at 822—to an ordinary highway.
discussed Cited as authority (rule) Bailey v. United States (2×)
9th Cir. · 2010 · confidence medium
Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989); Seyler v. United States, 832 F.2d 120, 123 (9th Cir. 1987); ARA Leisure Services v. United States, 831 F.2d 193 , 195 (9th Cir.1987); cf. Miller v. United States, 163 F.3d 591, 596 (9th Cir. 1998) (holding that United States immune because it had to consider more than safety when making the challenged decision); Lesoeur v. United States, 21 F.3d 965, 970 (9th Cir.1994) (same). [3] The majority ignores the central holding of Miller and focuses instead on Miller's statement that "the Forest Service's decision regarding how to attack a fir…
examined Cited as authority (rule) Kappenman v. Klipfel (4×)
N.D. · 2009 · confidence medium
See, e.g., Cope v. Scott, 45 F.3d 445, 451-52 (D.C.Cir.1995) (failure to post adequate warning signs about dangerous nature of road surface); Seyler v. United States, 832 F.2d 120, 122-23 (9th Cir.1987) (failure to erect speed limit signs on road); ARA Leisure Servs. v. United States, 831 F.2d 193 , 195-96 (9th Cir.1987) (failure to maintain road in a safe condition); McClure v. Nampa Highway Dist., 102 Idaho 197 , 628 P.2d 228, 229 (1981) (failure to post warning signs indicating an impending curve in road); Ladner v. Stone County, 938 So.2d 270, 275 (Miss.Ct.App. 2006) (failure to properly m…
discussed Cited as authority (rule) Spence v. United States
E.D. Cal. · 2009 · confidence medium
Ms. Spence cites to Seyler v. United States, 832 F.2d 120, 122 (9th Cir.1987), where the Ninth Circuit Court of Appeals determined that an Idaho recreational use statute did not shield the Government from liability for a one-vehicle motorcycle accident on Indian reservation roadway, although the injured plaintiff was going for pleasure ride at time of the accident.
discussed Cited as authority (rule) Washington Metropolitan Area Transit Authority v. Barksdale-Showell
D.C. · 2009 · confidence medium
See Oberson v. United States Dep’t of Agrie., 514 F.3d 989 , 998 (9th Cir.2008) (holding that Forest Service was subject to liability in the absence of any evidence that its failure to post a warning on a trail where prior accidents had occurred was a policy choice that would be immunized); Cope v. Scott, 45 F.3d 445, 450-52 (D.C.Cir.1995) (holding that National Park Service’s decision not to post warning sign on a commuter road was not immunized because it did not implicate the Service’s policy of maintaining aesthetics); Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) (doubti…
discussed Cited as authority (rule) Orberson v. United States
9th Cir. · 2008 · confidence medium
And in Sutton v. Earles, 26 F.3d 903, 910 (9th Cir. 1994), we held the Navy’s decision not to post speed limit signs after creating a hazard to naviga- tion was not protected by the discretionary function excep- tion, stating that “[a] decision not to warn of a specific, known hazard for which the acting agency is responsible is not the kind of broader social, economic or political policy decision that the discretionary function exception is intended to protect.” See also Seyler v. United States, 832 F.2d 120, 123 (9th Cir. 1987) (stating “we doubt that any decision not to provide adeq…
discussed Cited as authority (rule) Oberson v. United States Department of Agriculture, Forest Service
9th Cir. · 2008 · confidence medium
And in Sutton v. Earles, 26 F.3d 903, 910 (9th Cir.1994), we held the Navy’s decision not to post speed limit signs after creating a hazard to navigation was not protected by the discretionary function exception, stating that “[a] decision not to warn of a specific, known hazard for which the acting agency is responsible is not the kind of broader social, economic or political policy decision that the discretionary function exception is intended to protect.” See also Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) (stating “we doubt that any decision not to provide adequate s…
discussed Cited as authority (rule) Oberson v. US DEPT. OF AGRICULTURE, FOREST SERV.
9th Cir. · 2008 · confidence medium
And in Sutton v. Earles, 26 F.3d 903, 910 (9th Cir.1994), we held the Navy's decision not to post speed limit signs after creating a hazard to navigation was not protected by the discretionary function exception, stating that "[a] decision not to warn of a specific, known hazard for which the acting agency is responsible is not the kind of broader social, economic or political policy decision that the discretionary function exception is intended to protect." See also Seyler v. United States, 832 F.2d 120, 123 (9th Cir. 1987) (stating "we doubt that any decision not to provide adequate signs wo…
discussed Cited as authority (rule) Soldano v. United States
9th Cir. · 2006 · confidence medium
The law is to the contrary See, e.g., Oberson, 441 F.3d at 712 (failure to warn of hazardous conditions on a snowmobile trail at a particular speed is not protected where there is an absence of evidence that the failure to post a warning was actually the product of a policy choice); Seyler, 832 F.2d at 123 (noting that nothing in the record demonstrated that the failure to post speed limits on an Indian reservation road actually resulted from a policy decision).
discussed Cited as authority (rule) Soldano v. United States
9th Cir. · 2006 · confidence medium
See, e.g., Oberson, 441 F.3d at 712 (failure to warn of hazardous conditions on a snowmobile trail at a particular speed is not protected where there is an absence of evidence that the failure to post a warning was actually the product of a policy choice); Seyler, 832 F.2d at 123 (noting that *1151 nothing in the record demonstrated that the failure to post speed limits on an Indian reservation road actually resulted from a policy decision).
discussed Cited as authority (rule) Lafromboise v. Leavitt
8th Cir. · 2006 · confidence medium
Hovland, United States District Judge for the District of North Dakota 3 See also Sauceda v. United States, 974 F.2d 1343 , 1992 WL 212325, at * 1 (9th Cir.1992) (unpublished); Red Lake Band of Chippewa Indians v. United States, 936 F.2d 1320, 1325 (D.C.Cir.1991); Seyler v. United States, 832 F.2d 120, 121 (9th Cir. 1987); Bryant v. United States, 565 F.2d 650, 652-53 (10th Cir.1977); Muhammad v. United States, 366 F.2d 298, 300 (9th Cir.1966).
discussed Cited as authority (rule) LaFromboise Ex Rel. LaFromboise v. Leavitt
8th Cir. · 2006 · confidence medium
See also Sauceda v. United States, 974 F.2d 1343 , 1992 WL 212325, at * 1 (9th Cir.1992) (unpublished); Red Lake Band of Chippewa Indians v. United States, 936 F.2d 1320, 1325 (D.C.Cir.1991); Seyler v. United States, 832 F.2d 120, 121 (9th Cir.1987); Bryant v. United States, 565 F.2d 650 , 652-53 (10th Cir.1977); Muhammad v. United States, 366 F.2d 298, 300 (9th Cir. 1966).
discussed Cited as authority (rule) Frasure v. United States
D. Nev. · 2003 · confidence medium
The Ninth Circuit reversed the district court’s summary judgment decision, finding that it “doubt[ed] that any decision not to provide adequate signs would be of the nature and quality that Congress intended to shield from tort liability.” Seyler, 832 F.2d at 123 (internal quotations and citation omitted).
discussed Cited as authority (rule) Baker v. San Carlos Irrigation Project
D. Ariz. · 2001 · confidence medium
See Summers, 905 F.2d at 1216-17 (finding that the discretionary function exception did not bar a suit against the National Park Service when it established a policy allowing fires within certain fire rings on a public beach but failed to warn barefoot visitors of the danger of hot coals within the fire rings); Seyler, 832 F.2d at 122 (finding that the discretionary function exception did not apply when the government failed to erect *979 speed limit signs on “a two-lane, paved public highway”).
discussed Cited as authority (rule) Reed v. United States Department Of The Interior
9th Cir. · 2000 · confidence medium
In its exercise of discretion, the BLM also considered that revocation of the license in the circumstances of this event, with so many people spread over a wide area, would likely cause confusion and serious dangers. 24 Reed cites Seyler v. United States, 832 F.2d 120, 122-23 (9th Cir. 1987), in arguing that the failure to provide warning signs is not a policy-based decision.
cited Cited as authority (rule) Reed ex rel. Allen v. United States Department of the Interior
9th Cir. · 2000 · confidence medium
Reed cites Seyler v. United States, 832 F.2d 120, 122-23 (9th Cir.1987), in arguing that the failure to provide warning signs is not a policy-based decision.
discussed Cited as authority (rule) Everett Todd Faber v. United States
9th Cir. · 1995 · confidence medium
See Arizona Maintenance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989) (“If it is a choice to be exercised within established objective safety standards, and the plaintiffs claim negligence in failure to follow such standards, the discretionary function exception does not apply”); Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) (“we doubt that any decision not to provide adequate signs would be ‘of the nature and quality that Congress intended to shield from tort liability’ ”) (quoting Varig Airlines, 467 U.S. at 813 , 104 S.Ct. at 2764 ).
cited Cited as authority (rule) Sutton v. Earles
9th Cir. · 1994 · confidence medium
Also analogous is our decision in Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987).
discussed Cited as authority (rule) Christopher L. Phillips v. United States
9th Cir. · 1994 · confidence medium
See ARA Leisure Services v. United States, 831 F.2d 193, 195-96 (9th Cir.1987) (decision to inadequately maintain road in national park not linked to policy concerns); Seyler v. United States, 832 F.2d 120, 122-23 (9th Cir.1987) (same regarding speed limit signs). 9 Nor does the independent contractor exception apply.
cited Cited as authority (rule) Kenneth L. Erickson v. United States of America Bryon Simon Douglas Hebert Kenneth Ingleby Charles Hill
9th Cir. · 1992 · confidence medium
See Kennewick Irrigation Dist., 880 F.2d at 1027; Seyler v. United States, 832 F.2d 120, 122-23 (9th Cir.1987); ARA Leisure Servs. v. United States, 831 F.2d 193 , 195 (9th Cir.1987).
discussed Cited as authority (rule) Edward and Sandra Bennett v. United States
9th Cir. · 1992 · confidence medium
Misrepresentation Exception 13 To the extent that appellants' claims resulted from FmHA's miscommunications, the misrepresentation exception to the FTCA waiver of sovereign immunity shields it from liability as a matter of law. 28 U.S.C. § 2680 (h) 14 The FTCA waives sovereign immunity and subjects the United States to tort liability to the same extent as a private person under similar circumstances. 28 U.S.C. § 2674 ; Seyler v. United States, 832 F.2d 120, 121 (9th Cir.1987).
cited Cited as authority (rule) Kendra Summers, a Minor, and Frederick J. Summers, Guardian Ad Litem v. United States
9th Cir. · 1990 · confidence medium
See Arizona Mainte *328 nance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989); Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987).
cited Cited as authority (rule) Kendra Summers, a Minor, and Frederick J. Summers, Guardian Ad Litem v. United States
9th Cir. · 1990 · confidence medium
See Arizona Maintenance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989); Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987).
cited Cited as authority (rule) Defrees v. US, Through US Forest Service
D. Or. · 1990 · confidence medium
Section 2674 ; Seyler v. United States, 832 F.2d 120, 121 (9th Cir.1987).
discussed Cited "see" Kerry Senger v. United States (2×)
9th Cir. · 1996 · signal: see · confidence high
See Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987).
discussed Cited "see" Daraxa Lee Mattice, by and Through Her Guardians Ad Litem, Gregory G. Mattice and June Mattice v. United States of America, Department of the Interior (2×)
9th Cir. · 1992 · signal: see · confidence high
See Seyler v. United States, 832 F.2d 120, 122 (9th Cir.1987) ("To apply the recreational use statute to the ordinary street or highway ignores the purpose of the statute, which is ... to open land to the public that would otherwise be closed to it.").
discussed Cited "see, e.g." Bolt v. United States (2×)
9th Cir. · 2007 · signal: see also · confidence medium
In these circumstances "[i]mposing tort liability *1035 will not lead to judicial second-guessing of [the Army's] policy decisions." ARA Leisure Servs., 831 F.2d at 196; see also Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) ("[W]e doubt that any decision not to provide adequate [warning] signs would be of the nature and quality that Congress intended to shield from tort liability.").
discussed Cited "see, e.g." Lori Oberson, Legal Guardian for Brian Musselman, an Incapacitated Person Kimberlee Musselman, Individually and as the Natural Mother of Devon Musselman, a Minor, Plaintiffs-Appellees-Cross-Appellants v. United States Department of Agriculture, Forest Service, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, and State of Montana, by and Through the Department of Fish, Wildlife and Parks West Yellowstone Chamber of Commerce, Defendants-Third-Party v. Jamie Louis Leinberger Patrick B. Kalahar Tim A. Johnson, Third-Party
3rd Cir. · 2006 · signal: see also · confidence medium
The court stated: "It would be wrong to apply the discretionary function exception in a case where a low-level government employee made a judgment not to post a warning sign...." Id. at 1125 ; see also Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) (stating "we doubt that any decision not to provide adequate signs would be of the nature and quality that Congress intended to shield from tort liability") (internal quotation marks and citation omitted).
discussed Cited "see, e.g." Oberson v. United States Department of Agriculture, Forest Service
9th Cir. · 2006 · signal: see also · confidence medium
The court stated: “It would be wrong to apply the discretionary function exception in a case where a low-level government employee made a judgment not to post a warning sign....” Id. at 1125 ; see also Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) (stating “we doubt that any *712 decision not to provide adequate signs would be of the nature and quality that Congress intended to shield from tort liability”) (internal quotation marks and citation omitted).
discussed Cited "see, e.g." Meagher v. United States
N.D. Cal. · 2001 · signal: see, e.g. · confidence low
See, e.g., Seyler v. United States, 832 F.2d 120 (9th Cir.1987) (involving failure to erect speed limit signs on an Indian reservation); Summers v. United States, 905 F.2d 1212 (9th Cir.1990) (failure to warn of fire danger in National Recreation Area).
discussed Cited "see, e.g." Vinar v. City of Bexley
Ohio Ct. App. · 2001 · signal: see also · confidence medium
See, also, Seyler v. United States (C.A.9, 1987), 832 F.2d 120, 122 (“[t]o apply the recreational use statute to the ordinary street or highway ignores the purpose of the statute, which is to encourage landowners to open land to the public that would otherwise be closed to it”).
discussed Cited "see, e.g." Marlys Bear Medicine v. United States
9th Cir. · 2001 · signal: see also · confidence medium
See also Seyler v. United States, 832 F.2d 120, 123 (9th Cir. 1987) (failure to place speed limit sign on reservation road not a policy judgment and thus not covered by discretionary function exception); Faber v. United States, 56 F.3d 1122, 1127-28 (9th Cir. 1995) (applying same analysis to failure to post warning sign by waterfalls); Summers v. United States, 905 F.2d 1212, 1215 (9th Cir. 1990) (applying same analysis to failure to post warning signs after allowing for beach fire pits). 28 The Government argues that the BIA's failure to assume responsibility for the safety practices is a res…
discussed Cited "see, e.g." Marlys Bear Medicine v. United States ex rel. Secretary of the Department of Interior
9th Cir. · 2001 · signal: see also · confidence medium
See also Seyler v. United States, 832 F.2d 120, 123 (9th Cir.1987) (failure to place speed limit sign on reservation road not a policy judgment and thus not covered by discretionary function exception); Faber v. United States, 56 F.3d 1122, 1127-28 (9th Cir.1995) (applying same analysis to failure to post warning sign by waterfalls); Summers v. United States, 905 F.2d 1212, 1215 (9th Cir.1990) (applying same analysis to failure to post warning signs after allowing for beach fire pits).
Retrieving the full opinion text from the archive…
Leland J. SEYLER and Aileene Seyler, Husband and Wife, Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant-Appellee
86-4262.
Court of Appeals for the Ninth Circuit.
Oct 28, 1987.
832 F.2d 120
Kenneth B. Howard, Coeur D’Alene, Idaho, for plaintiffs-appellants., Warren S. Derbidge, Boise, Idaho, for defendant-appellee.
Canby, Reinhardt, Beezer.
Cited by 69 opinions  |  Published
CANBY, Circuit Judge:

Leland Seyler, an enrolled member of the Coeur d’Alene Indian tribe, appeals the district court’s entry of summary judgment against him in this Federal Tort Claims Act (FTCA) suit. Seyler was injured while riding as a passenger on a friend’s motorcycle. The ride was taken for pleasure. The motorcycle failed to negotiate a turn on a road maintained by the Bureau of Indian Affairs (BIA). Seyler claimed that the road was negligently designed, maintained and marked by the BIA.

In a published memorandum opinion and order, the district court ruled that the United States was not liable for damages arising from Seyler’s motorcycle accident on the Coeur d’Alene Indian Reservation because (1) the government is immune from suit under Idaho’s recreational use statute, Idaho Code § 36-1604; and (2) the government is immune from suit under the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a). Seyler v. United States, 643 F.Supp. 1027, 1028-29 (D.Idaho 1986). [1] We review the district court’s ruling de novo. O’Neal v. United States, 814 F.2d 1285, 1287 (9th Cir.1987). We reverse.

DISCUSSION

1. The recreational use statute

The Federal Tort Claims Act (FTCA) authorizes suits against the United States for damages

for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

28 U.S.C. § 1346(b). The FTCA also provides that the United States shall be liable for tort claims “in the same manner and to the same extent as a private individual under like circumstances.” 28 U.S.C. § 2674. “[T]he test established by the Tort Claims Act for determining the United States’ liability is whether a private person would be responsible for similar negligence under the laws of the State where the acts occurred.” Rayonier Inc. v. United States, 352 U.S. 315, 319, 77 S.Ct. 374, 376, 1 L.Ed.2d 354 (1957).

Idaho’s recreational use statute, Idaho Code § 36-1604, provides that “[a]n owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby.... [ajssume responsibility for or incur liability for any injury to person or property caused by an act of [sic] omission of such persons.” Idaho Code § 36-1604(d). The statute defines “land” to include roads, Idaho Code § 36-1604(b)(l), and defines “recreational purposes” to include motorcycling, Idaho Code § 36-1604(b)(3). The district[*122] court noted that Leonard Seyler “was going for a pleasure ride on a motorcycle” at the time of his accident and concluded that “[t]he court cannot award damages under the Federal Tort Claims Act against Defendant United States when a state statute, as in this case, would provide immunity to a private individual under like circumstances.” 643 F.Supp. at 1029.

We think it is clear that the district court misconstrued and misapplied Idaho’s recreational use statute. Seyler’s accident occurred on Agency Road 11, a two-lane, paved public highway maintained by the Bureau of Indian Affairs. The government’s contention, accepted by the district court, is that the recreational use statute applies on any road or highway in Idaho. Such a result is clearly absurd. The Idaho legislature cannot have intended to remove tort protection against road defects from all persons who drive for other than business purposes anywhere in Idaho. To apply the recreational use statute to the ordinary street or highway ignores the purpose of the statute, which is to encourage landowners to open land to the public that would otherwise be closed to it. Moreover, application of the statute is particularly egregious in this case. Idaho’s recreational use statute applies on its face only to landowners who “invite[ ] or permit[ ] without charge any person to use [their] property for recreational purposes.” Idaho Code § 36-1604(d). The landowner is freed from any duty to warn “persons entering for [recreational] purposes.” Id. § 1604(c). We do not agree that the government “invited” or “permitted” Seyler to use a public highway on his own reservation. Nor is Seyler, while on his tribe’s reservation, in a position at all comparable to that of a “person entering” land of another for recreational or any other purposes.

We therefore conclude that Idaho’s recreational use statute does not bar plaintiff’s suit, and we reverse the district court’s order. Our prior decisions are not to the contrary. In O’Neal v. United States, 814 F.2d 1285 (9th Cir.1987), we held that Oregon’s recreational use statute barred recovery by hunters who were injured while driving on a Bureau of Land Management logging road. Id. at 1286-87. In that case, however, extending tort immunity to logging roads furthered the purpose of the recreational use statute: if liability were imposed in cases like O’Neal, the government “might well choose to close the forests to public use rather than bear the heavy burden of maintaining logging roads as public thoroughfares.” Otteson v. United States, 622 F.2d 516, 519 (10th Cir.1980); see also Jones v. United States, 693 F.2d 1299, 1303 (9th Cir.1982) (concluding that recreational use statute applies to ski slope in national park because “[t]he United States could close a park or a part thereof and restrict its use”); Idaho Code § 36-1604(a) (stating that “[t]he purpose of this section is to encourage owners of land to make land and water areas available to the public without charge for recreational purposes”). In the present case, Agency Road 11 is a public thoroughfare, and nothing in the record suggests that the Bureau of Indian Affairs (BIA) has anything like a private landowner’s power to close the road to public use. Idaho’s recreational use statute simply does not apply.

2. The discretionary function exception

The discretionary function exception excludes from the FTCA’s ambit “[a]ny claim ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.” 28 U.S.C. § 2680(a). The purpose of the exception is “to prevent judicial ‘second-guessing’ of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.” United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 814, 104 S.Ct. 2755, 2764, 81 L.Ed.2d 660 (1984). “[I]f judicial review would encroach upon this type of balancing done by an agency, then the exception would apply.” Begay v. United States, 768 F.2d 1059, 1064 (9th Cir.1985).

In the present case, one of Seyler’s claims is that the BIA was negligent in failing to erect speed limit signs on Agency Road 11. The district court ruled sua sponte that the BIA’s failure to provide[*123] signs fell within the discretionary function exception:

courts have consistently held that construction and maintenance of government roads involve the discretionary function found in 28 U.S.C. § 2680(a), thus barring any claim for liability under the Federal Tort Claims Act. [citations omitted]

643 F.Supp. at 1029. We disagree. We can find nothing in the record to suggest that the BIA’s failure to provide signs resulted from a decision “grounded in social, economic or political policy.” Varig Airlines, 467 U.S. at 814, 104 S.Ct. at 2765. Moreover, we doubt that any decision not to provide adequate signs would be “of the nature and quality that Congress intended to shield from tort liability.” Id. at 813, 104 S.Ct. at 2764. The same may be said for at least some other kinds of maintenance decisions. See ARA Leisure Services v. United States, 831 F.2d 193 (9th Cir.1987). Because the record is clearly insufficient for entry of summary judgment on the discretionary function issue, we reverse this part of the district court’s order as well.

REVERSED.

1

. The court also entered summary judgment on Aileene Seyler's claim for relief on the ground that she had not exhausted her administrative remedies. 643 F.Supp. at 1028. She does not appeal this ruling.