Whisnant v. United States

Whisnant (plaintiff) worked at a military commissary run by a federal agency that discovered a toxic mold problem later causing her injuries; agency regulations mandated safety inspections but left employees discretion over timing and method. She sued the United States (defendant) for negligence in failing to discover and properly clean the mold, and the district court dismissed under the FTCA's discretionary function exception.

Whether the government's conduct in inspecting for and cleaning up a known health hazard, allegedly performed negligently, falls within the FTCA's discretionary function exception as a policy-based decision.