Nurse v. United States, 226 F.3d 996, 1002 (9th Cir.2000) (“In general, governmental conduct cannot be discretionary if it violates a legal mandate.”)); see also U.S. Fid. & Guar. Co. v. United States, 837 F.2d 116, 120 (3d Cir.1988) (stating that “conduct cannot be discretionary if it violates the Constitution, a statute, or an applicable regulation” because federal officials “do not possess discretion to violate constitutional rights or federal statutes”). Because Defendants did violate the Constitution, and did so in a manner that renders Signorello and Segura unable to avail themselves of the qualified immunity defense, the discretionary function exception to Nevada’s waiver of sovereign immunity will not shield them from state liability. Nurse, 226 F.3d at 1002 n. 2 (9th Cir.2000) (<HOLDING>). Accordingly, the Court turns to analyze each
holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply holding that the discretionary function exception may apply in the absence of a conscious decision  recognizing a discretionary function exception to that waiver holding that the constitution can limit the discretion of federal officials such that the ftcas discretionary function exception will not apply