United States v. James et al. (478 U.S. 597)
U.S. Supreme Court · decided July 2, 1986 · Supreme Court Database (Spaeth)
- Citation
- 478 U.S. 597 · 106 S. Ct. 3116
- Decided
- July 2, 1986
- Term
- October Term 1985
- Vote
- 6–3
- Majority author
- Justice Powell
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Powell delivered the opinion of the Court. This case presents the question whether the Flood Control Act’s immunity provision in 33 U. S. C. § 702c, which states that “[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place,” bars recovery where the Federal Government would otherwise be liable under the Federal Tort Claims Act, 28 U. S. C. §2671 et seq., for personal injury caused by the Federal Government’s negligent failure to warn of the dangers from the release of floodwaters from federal flood control projects. H — 1 The present case arose from serious accidents at flood control projects in Arkansas and Louisiana. In both accidents, recreational users of the reservoirs were swept through retaining structures when those structures were opened to release waters in order to control flooding. A The project in Arkansas, Millwood Dam, was dedicated in 1966 and is located in the southwestern corner of the State. The Millwood Reservoir behind the structure is used for fishing, swimming, boating, and waterskiing. This reservoir has marinas and launching areas for small boats. The United States Government Printing Office has printed brochures that promote the recreational features of the project and encourage the public to water-ski at the Millwood Reservoir. Enormous underwater portals set…
Excerpt of a 45,807-character opinion. The full text and citation network load in the interactive viewer above.