dune buggy. The district court granted the government’s motion for summary judgment, holding that the action was barred by (1) the discretionary function exception to the Federal Tort Claims Act and (2) the primary assumption of risk doctrine under California law. Reviewing de novo, we reverse and remand. Oswalt v. Resolute Indus., Inc., 642 F.3d 856, 859 (9th Cir.2011). 1. The government’s failure to post any 15 MPH signs along the sand highways in the Imperial Sand Dunes Recreation Area is not a policy choice protected by the discretionary function exception. The government made an express policy decision in the RAMP to post the speed limit signs along the sand highways. See Berkovitz ex rel. Berkovitz v. United States, 486 U.S. 531, 536, 108 S.Ct. 1954, 100 L.Ed.2d 531 (1988) (<HOLDING>). Although carrying out the RAMP’s directives
holding that an agent acting outside his delegated authority is not protected by the discretionary function exception holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation recognizing a discretionary function exception to that waiver holding that there is no choice to be protected by the discretionary function exception when a federal statute regulation or policy specifically prescribes a course of action for an employee to follow holding issuance of ldp to be a discretionary function and therefore recognizing no specific mandate by regulation or otherwise which renders the exception inapplicable