United States v. Joseph Olson, et al. (546 U.S. 43)
U.S. Supreme Court · decided November 8, 2005 · Supreme Court Database (Spaeth)
- Citation
- 546 U.S. 43 · 126 S. Ct. 510
- Decided
- November 8, 2005
- Term
- October Term 2005
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Breyer delivered the opinion of the Court. The Federal Tort Claims Act (FTCA or Act) authorizes private tort actions against the United States “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U. S. C. § 1346(b)(1). We here interpret these words to mean what they say, namely, that the United States waives sovereign immunity “under circumstances” where local law would make a “private person” liable in tort. (Emphasis added.) And we reverse a line of Ninth Circuit precedent permitting courts in certain circumstances to base a waiver simply upon a finding that local law would make a “state or municipal entit[y]” liable. See, e. g., Hines v. United States, 60 F. 3d 1442, 1448 (1995); Cimo v. INS, 16 F. 3d 1039, 1041 (1994); Cameron v. Janssen Bros. Nurseries, Ltd., 7 F. 3d 821, 825 (1993); Aguilar v. United States, 920 F. 2d 1475,1477 (1990); Doggett v. United States, 875 F. 2d 684, 689 (1989). I In this case, two injured mine workers (and a spouse) have sued the United States claiming that the negligence of federal mine inspectors helped bring about a serious accident at an Arizona mine. The Federal District Court dismissed the lawsuit- in part upon the ground that their allegations were insufficient to show that Arizona law would impose…
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