United States v. Brown (348 U.S. 110)
U.S. Supreme Court · decided December 6, 1954 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 110 · 75 S. Ct. 141
- Docket
- No. 38
- Argued
- November 15, 1954
- Decided
- December 6, 1954
- Term
- October Term 1954
- Vote
- 5–3
- Majority author
- Justice Douglas
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Warren, Justice Douglas (wrote), Justice Clark, Justice Frankfurter, Justice Burton
- Dissenting
- Justice Black (wrote), Justice Reed, Justice Minton
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. This is a suit under the Federal Tort Claims Act, 28 U. S. C. § 1346 (b), brought by respondent, a discharged veteran, for damages for negligence in the treatment of his left knee in a Veterans Administration hospital. The injury to the knee occurred while respondent was on active duty in the Armed Services. The injury led to his honorable discharge in 1944. In 1950, the Veterans Administration performed an operation on the knee; but the knee continued to dislocate frequently. So another operation was performed by the Veterans Administration in 1951. It was during the latter operation that an allegedly defective tourniquet was used, as a result of which the nerves in respondent’s leg were seriously and permanently injured. The Independent Offices Appropriation Act, 1935, 48 Stat. 526, 38 U. S. C. § 501a, allows compensation both where the veteran suffers injury during hospitalization and where an existing injury is aggravated during the treatment. Each is considered as though it were “service connected.” Respondent received a compensation award for his knee injury when he was honorably discharged; and that award was increased after the 1951 operation. The District Court agreed with the contention of petitioner that respondent’s sole relief was under the Veterans Act and dismissed his complaint under the Tort Claims Act.…
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