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- Subject: UNITED STATES v. SMITH, Syllabus
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-
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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- Syllabus
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- UNITED STATES et al. v. SMITH et al.
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- certiorari to the united states court of appeals for the ninth circuit
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- No. 89-1646. Argued November 7, 1990 -- Decided March 20, 1991
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- Respondents Smith filed suit in the District Court against one Dr.
- Marshall, alleging that he had negligently injured respondent Dominique
- Smith during his birth at a United States Army hospital in Italy. The
- court granted the Government's motion to substitute itself for Marshall
- pursuant to the Gonzalez Act, which provides that in a suit against
- military medical personnel for employment-related torts, the Government is
- to be substituted as the defendant and the suit is to proceed under the
- Federal Tort Claims Act (FTCA). The court then dismissed the suit on the
- ground that the FTCA excludes recovery for injuries sustained abroad. The
- Court of Appeals reversed, holding that neither the Gonzalez Act nor the
- Federal Employees Liability Reform and Tort Compensation Act of 1988 (Act)
- required substitution of the Government or otherwise immunized Marshall.
- It ruled that MDRV 5 of the Act -- which, with two exceptions not here
- relevant, confers absolute immunity on Government employees by making an
- FTCA action against the Government the exclusive remedy for their
- employment-related torts -- applies only when the FTCA provides a remedy.
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- Held: The Act immunizes Government employees from suit even when an FTCA
- exception precludes recovery against the Government. Pp. 5-13.
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- (a) The Act's language confirms that MDRV 5 makes the FTCA the
- exclusive mode of recovery. Congress recognized that requiring
- substitution of the Government would sometimes foreclose a tort plaintiff's
- recovery altogether when it provided in MDRV 6 of the Act that suits
- proceeding under the FTCA are subject to the "limitations and exceptions"
- applicable to FTCA actions. Moreover, in light of MDRV 5's two express
- exceptions preserving employee liability, a third exception preserving
- liability when the FTCA bars suit cannot be implied, absent a contrary
- legislative intent. Furthermore, the enactment of MDRV 9 of the Act --
- which provides for the substitution of the Tennessee Valley Authority as
- defendant in employment-related tort suits against its employees --
- supports no inference on the scope of MDRV 5 immunity when the FTCA
- precludes suit against the United States. Pp. 5-9.
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- (b) Respondents' several arguments to support the decision below are
- rejected. Construing the Act to preclude Marshall's tort liability does
- not result in an implied repeal of the Gonzalez Act. The Gonzalez Act
- functions solely to protect military medical personnel from malpractice
- liability and does not create rights in favor of malpractice plaintiffs,
- whose rights arise instead under state or foreign law. Since respondents'
- rights as malpractice plaintiffs were not created by Congress, the rule
- disfavoring implied repeals is not implicated when Congress limits those
- rights. Similarly, respondents' suggestion that the Act was meant to apply
- solely to those Government employees not already protected from tort
- liability by a pre-existing federal immunity statute is inconsistent with
- the Act's purpose. The Act's plain language makes no distinction between
- employees who are covered under pre-Act immunity statutes and those who are
- not. Congress clearly was aware of the preAct immunity statutes.
- Congress' enactment of the two express limitations of immunity under MDRV 5
- of the Act indicates that if it intended to limit the Act's protection to
- employees not covered under the pre-Act immunity statutes, it would have
- said this expressly. Finally, since nothing in the Gonzalez Act imposes
- any obligations or duties of care upon military physicians, respondents'
- malpractice claim does not involve a violation of the Gonzalez Act. Thus,
- it does not fall within the Act's exception for suits brought for a
- violation of a United States statute under which action against an employee
- is otherwise authorized. Pp. 9-13.
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- 885 F. 2d 650, reversed and remanded.
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- Marshall, J., delivered the opinion of the Court, in which Rehnquist, C.
- J., and White, Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ.,
- joined. Stevens, J., filed a dissenting opinion.
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