Shutdown stalls federal case over injury at Saipan park

By Bryan Manabat
bryan@mvariety.com
Variety News Staff

THE U.S. Attorney’s Office for the Districts of Guam and the Northern Mariana Islands filed a motion Tuesday to temporarily halt proceedings in a federal negligence lawsuit filed by a Korean businessman against American Memorial Park, citing the federal government shutdown.

Filed on Oct. 8, 2025, the motion requests a stay in the case of Yoon Suk Chang v. United States of America, arguing that the Department of Justice lacks funding to continue the case due to a lapse in congressional appropriations.

The case stems from a 2021 incident at American Memorial Park on Saipan, where the plaintiff alleges he was injured due to negligent maintenance of the park grounds. According to court documents, Chang was playing with his children on a grassy field near the amphitheater when his foot became caught in a hole, resulting in an ankle injury that required surgery and months of recovery.

Chang filed suit in December 2021 under the Federal Tort Claims Act, which allows individuals to seek damages from the federal government for injuries caused by federal employees’ negligence. He is seeking $1 million in damages for medical costs and financial loss.

American Memorial Park is operated and maintained by the U.S. Department of the Interior.

The U.S. government initially moved to dismiss the case, arguing that the claim was barred under the FTCA’s discretionary function exception, which shields the government from liability for policy-based decisions. However, in June 2025, the Ninth Circuit Court of Appeals reversed the district court’s dismissal, ruling that routine lawn maintenance does not involve public policy considerations and therefore does not fall under the exception.

Impact of shutdown

With DOJ funding expired on Sept. 30, 2025, federal attorneys are prohibited from working on civil cases unless they involve imminent threats to life or property. The U.S. government argues that the Chang case does not meet that threshold. The DOJ has asked the court to pause all proceedings until appropriations are restored.

Once funding resumes, Assistant U.S. Attorney Mikel Schwab said the federal government will notify the court and seek extensions for all deadlines affected by the shutdown.

A bench trial in the case is scheduled for Oct. 5, 2026, at 9 a.m.

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