Westfall et al. v. Erwin et Ux. (484 U.S. 292)
U.S. Supreme Court · decided January 13, 1988 · Supreme Court Database (Spaeth)
- Citation
- 484 U.S. 292 · 108 S. Ct. 580
- Decided
- January 13, 1988
- Term
- October Term 1987
- Vote
- 8–0
- Majority author
- Justice Marshall
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Marshall delivered the opinion of the Court. Respondent William Erwin and his wife respondent Emely Erwin brought a state-law tort suit against petitioners, federal employees in the Executive Branch, alleging that he had suffered injuries as a result of petitioners’ negligence in performing official acts. The issue presented is whether these federal officials are absolutely immune from liability under state tort law for conduct within the scope of their employment without regard to whether the challenged conduct was discretionary in nature. I Respondents William and Emely Erwin commenced this tort action in state court. At the time of the alleged tort, William Erwin was employed by the Federal Government as a civilian warehouseman at the Anniston Army Depot in Anniston, Alabama. Petitioners were supervisors at the Depot. Respondents’ complaint alleged that while working at the Depot William Erwin came into contact with bags of toxic soda ash that “were improperly and negligently stored.” 1 Record, Complaint ¶ 3. The complaint stated that William Erwin suffered chemical burns to his eyes and throat when he inhaled soda ash dust that had spilled from its bag. William Erwin also asserted that the soda ash “should not have been routed to the warehouse where [he] was working,” and that “someone should have known that it was there and provided [him] with some warning as to…
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