DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171928P.pdf 07/20/2018 Swan Moss, III v. United States of America
U.S. Court of Appeals Case No: 17-1928
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Erickson, Author, with Loken and Benton, Circuit Judges]
Civil case - Federal Tort Claims Act. In this action involving the deaths
of 20 campers in the Albert Pike Recreation Area in the Arkansas portion
of the Ouchita National Forest, for purposes of applying the Arkansas
Recreational Use Statute, the campsite fee the Park Service charged was
not an admission fee, and charging the fee did not disqualify the Park
Service from claiming immunity under the statute; the activity of camping
within a 100-year floodplain was a common recreational activity and not an
uncommon one under the Statute; since this activity was a matter of common
usage, the statute's immunity would extend to a private land owner facing
this claim and the government could claim the immunity; as a result, there
is no jurisdiction under the FTCA for plaintiffs' claims against the U.S.