John Spires v. United States

KOZINSKI, Circuit Judge,

concurring.

I agree with the majority’s conclusion that, as a matter of law, the government’s conduct does not amount to “willful or malicious failure to guard against a dangerous condition, use, structure of activity” within the meaning of California Civil Code § 846. However, I am unable to join in that portion of the opinion that relies on the majority’s reasoning in Rost v. United States, 803 F.2d 448 (9th Cir.1986), from which I dissented.