United States v. Shearer, Individually and As Administratrix for the Estate of Shearer (473 U.S. 52)
U.S. Supreme Court · decided June 27, 1985 · Supreme Court Database (Spaeth)
- Citation
- 473 U.S. 52 · 105 S. Ct. 3039
- Decided
- June 27, 1985
- Term
- October Term 1984
- Vote
- 8–0
- Majority author
- Justice Burger
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Chief Justice Burger delivered the opinion of the Court, except as to Part II-A. We granted certiorari to decide whether the survivor of a serviceman, who was murdered by another serviceman, may recover from the Government under the Federal Tort Claims Act for negligently failing to prevent the murder. I Respondent is the mother and administratrix of Army Private Vernon Shearer. While Private Shearer was off duty at Fort Bliss and away from the base, he was kidnaped and murdered by another serviceman, Private Andrew Heard. A New Mexico court convicted Private Heard of Shearer’s murder and sentenced him to a term of 15 to 55 years’ imprisonment. Respondent brought this action under the Federal Tort Claims Act, 28 U. S. C. §§ 1346(b) and 2671 et sea., claiming that the Army’s negligence caused Private Shearer’s death. Respondent alleged that Private Heard, while assigned to an Army base in Germany in 1977, was convicted by a German court of manslaughter and sentenced to a 4-year prison term. Upon his discharge from that confinement in Germany, the Army transferred Private Heard to Fort Bliss. Respondent alleged that, although the Army knew that Private Heard was dangerous, it “negligently and carelessly failed to exert a reasonably sufficient control over” him and “failed to warn other persons that he was at large.” App. 14. The United States District Court for the Eastern…
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