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LEVIN v. UNITED STATES, ET AL.

Docket No.: 11-1351
Certiorari Granted: Sep 25 2012
Argued: January 15, 2013
Decided: March 4, 2013

Topics:

FTCA, Federal Tort Claims Act, Freedom of Information Act, Gonzalez Act, absolute immunity, immunity from suit, sovereign immunity

PartyNames: Steven Alan Levin v. United States, et al.
Petitioner: Steven Alan Levin
Respondent: United States, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 663 F.3d 1059
Supreme Court Docket

Steven Alan Levin
v.
United States, et al.
Question Presented:

10 U.S.C. § 1089 concerns the defense of military medical personnel against claims for tortious acts committed in the scope of employment. It directs that suits may be brought only against the United States under the Federal Tort Claims Act, which waives sovereign immunity. 28 U.S.C. § 2680 (h) of the FTCA excludes some suits, including battery, from its waiver. Subsection 1089 (e) states, "For purposes of this section, the provisions of section 2680 (h) ... shall not apply to any cause of action arising out of a ... wrongful act ... in the performance of medical ... functions .... " The particular question presented is whether suit may be brought against the United States for battery committed to a civilian by military medical personnel acting within the scope of employment. The broader question raises the same issue for the same and other claims against groups of government employees whose defense would fall under similarly worded statutes. This Court has never addressed these issues.

LEVIN v. UNITED STATES, ET AL.
ORAL ARGUMENT

January 15, 2013

Listen to Oral Argument in LEVIN v. UNITED STATES, ET AL.
Holding: REVERSED AND REMANDED
Vote: 9-0
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