...act. The First Circuit agreed with the government. The court noted that a function is mandatory only if a federal statute, regulation, or policy specifically prescribes a course of action for an agency employee to follow. Therefore, the court reasoned, general administrative inspections conducted...

...one's judgment of the best course"). Thus, the discretionary function exception will not apply when a federal statute, regulation, or policy specifically...employee has no rightful option but to adhere to the *• 1959 directive And if the employee's conduct cannot appropriately be the product of judgment or...

...^policy-making or day-to-day managetaant level. TTlhe disrretinnary function exception will not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an employe* to follow.' In this event, the employee has no rightful option bat to adhere to the directive."5...

...applies in a particular case. Id. at 448. Under this test, the Court must first determine whether any "federal statute, regulation, or policy specifically...prescribes a course of action for an employee to follow., Id. If a specific directive exists, then the federal employee had no "choice, and no rightful option...

...Berkovitz, 486 US at 533-34. Id. at 542-43. of such a license.103 According to the Berkovitz Court, when a federal statute, regulation, or policy specifically prescribes a course of action for a federal agent, she has "no rightful option but to adhere to the directive."106 In addition to specific...

...the Federal Tort Claims Act's "discretionary function" jurisprudence. First, a court asks whether any statute, regulation, or policy specifically prescribes a course of action for an employee to follow. If a course of action is so prescribed, sovereign immunity does not bar suits based on an employee's...