Sheridan v. United States
Sheridan v. United States 47 U.S. 392 (1988) was a court case in the United States about what constitutes a claim "arising out of" an assault or battery within the meaning of the Federal Tort Claims Act (FTCA). The Supreme Court held that the FTCA's intentional tort exception did not apply.
Background
Naval medical aide Carr became intoxicated after his shift, and three of his co-workers found him face down on a hospital floor. They attempted to bring him to the emergency room, but he broke away and showed that he had a gun. The three co-workers fled and did nothing more. The intoxicated serviceman then fired several single shots into a car on a public street near Bethesda Naval Hospital and injured plaintiffs and damaged their car.
Procedural history
The District Court dismissed holding the claim is barred by the intentional tort exception of the FTCA. Court of appeals affirmed the District Court's holding.
Issue
Is plaintiff's claim one that "is arising out of" an assault or battery within the meaning of 28 USC 1680(h)?
Analysis
District Court
Generally, the government is not liable for the intentional torts committed by its employees. However, plaintiffs are arguing the co-workers were the negligent party in allowing Carr to continue in his drunken stupor. The government would have been liable under Massachusetts law, and the government would have been liable if Carr were not a government employee. However, because Carr was a government employee, Fourth Circuit precedent is to bar recovery.
28 USC 1346(b) gives individuals the right to sue the government. 28 USC 2680(h) takes back that right for injuries arising out of assault or battery.
Supreme Court
In this case, the injury arises from two claims: negligence by Carr's co-workers and assault by Carr.
In United States v. Muniz, 374 U.S. 150 (1963), the Supreme Court held the intentional tort exception did not apply when prison guards were negligent in preventing a prisoner from assault. This case could have been decided because the claim arose out of the negligence of the prisoner guards, and the assault was just the natural causal effect of the negligence, or because the Supreme Court held that if the only issue was whether the Government should be held liable for Carr's action, the intentional tort exception would preclude litigation under the FTCA.
However, the "Government voluntarily adopted regulations that prohibit the possession of firearms on the naval base and that require personnel to report the present of any such firearm, and by further voluntarily undertaking to provide care to a person who was visibly drunk and visibly armed, the Government assumed responsibility to 'perform its good Samaritan task in a careful manner.'" Indian Towing Co. v. United States, 350 U.S. 61, 65 (1955).
Carr’s status as a federal employee, as well as his act being intentional as opposed to negligent, was irrelevant since the co-workers' negligence was at issue.
Holding
District Court's holding reversed and case remanded.