Steven Alan Levin v. United States
In brief
The Supreme Court ruled that Levin’s lawsuit may go forward because the Gonzalez Act overrides the usual bar on intentional-act claims.
- Where it stands
- Decided
Decided 9-0 · March 4, 2013 · Opinion by Justice Ginsburg
- What it’s about
- Levin sued the United States, alleging a Navy doctor committed medical battery while doing his job.
- Who it affects
- The ruling lets Levin pursue his medical-battery suit against the United States despite the usual bar on claims involving intentional acts.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled the Gonzalez Act lets his claim proceed despite the Federal Tort Claims Act rule generally blocking claims for intentional acts, overturned the Ninth Circuit, and sent the case back to the lower court (remanded).
The dispute turned on how the Federal Tort Claims Act’s rule against intentional-act claims works alongside the Gonzalez Act, which covers claims involving federal medical workers.
Question presented
Does the Federal Tort Claims Act prevent the United States from being prosecuted for battery caused by military medical personnel acting within the scope of employment?
What the Court decided
Holding
The Gonzalez Act direction in §1089(e) abrogates the FTCA’s intentional tort exception and therefore permits Levin’s suit against the United States alleging medical battery by a Navy doctor acting within the scope of his employment. 663 F. 3d 1059, reversed and remanded.
- Result
- Reversed
The Court's reasoning
The Court read the Gonzalez Act as overriding the Federal Tort Claims Act’s usual bar on claims for intentional acts, so that bar does not stop Levin’s suit alleging medical battery by a Navy doctor acting within his job.
The vote
What's next
The case returns to the Ninth Circuit for further proceedings. The Supreme Court did not decide whether medical battery occurred or whether Levin is entitled to damages.
Documents
Opinions
Audio
Docket activity
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Audio Recording added: Oral Arguments - Levin
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.