# Niva v. United States Bureau of Land Management

> Court of Appeals for the Ninth Circuit · August 15, 2007 · 245 F. App'x 621

URL: https://www.frixlaw.com/law-library/cases/8623378

## Case

- **Full name:** Eric Austin NIVA v. UNITED STATES BUREAU OF LAND MANAGEMENT
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** August 15, 2007
- **Citations:** 245 F. App'x 621
- **Precedential status:** Published
- **Opinion:** Concurrence by Rymer
- **Judges:** Fisher, Hug, Rymer
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8623378

## How later opinions describe it (automated extraction)

- noting Bureau of Land Management’s disregard of 9 “erosion control recommendations and its duty to maintain [the Clear Creek Road]”

## Opinion text

RYMER, Circuit Judge,
concurring:
I concur in the judgment because the magistrate judge failed to take account of the opinion of Niva’s expert, which was otherwise credited, that the peril was hidden. This settles the issue for immunity purposes, but not for purposes of trial on the merits. A trier of fact could well conclude in light of all the evidence that the expert’s opinion is illogical given that the ditch had existed for quite some time yet no other incidents had occurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8623378. Public record. Not legal advice.