The federal government is asking a federal court to throw out a lawsuit filed by a Utah County couple over the death of their 11-year-old son during a bear attack in June 2007.
In a motion filed in U.S. District Court Monday, attorneys for the U.S. Forest Service say the suit filed by Tim Mulvey and Rebecca Ives should be thrown out, mainly because the service violated no rules or laws in connection with the bear attack.
The parents filed suit against the government, claiming that forest service workers knew of an earlier bear attack in the camping area up American Fork Canyon that day but failed to close off the campground or warn campers of any danger.
Samuel Ives was dragged out of his tent late during the night by a bear. Initially, his parents thought that they were dealing with an abduction but later discovered it was a bear who took their son.
According to the government's motion to dismiss, closing off campgrounds and posting warning signs are purely "discretionary" actions on the part of the Forest Service. Failing to do so does not violate any federal law or forest service policy, the government states.
The motion is expected to be heard during a court hearing yet to be scheduled.