Labels:book | reckoner | sky | tree OCR: FTCA a distinction that is often difficult to draw (See United States Gaubert. 499 U.S 113 Ed 2d 335 1991 FSLIC had no discretion violate the Federal Constitution since "it$ dictates are absolute and impera tive Owen City Independence, 445 U.S. 622 (1980) The rationale 0t discretionary immunity that is the avoidance of judicial second -guessing of legislative Or administrative acts, incompatible with the concept of constitutional torts. governmental entity has no discre- tion violate the Constitution and when federal court erters judgment based upon consi itutional violation does nat second -guess any decision nor seek interfere with any competing policy consider- ations Rather, through jud gment the courl merely enforces the absolute and imperative requirements of the Constitution 64 Fina ...
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