Suing officers after government loss
Brownback v. King
In brief
The Supreme Court overturned the Sixth Circuit's judgment and said the trial court's FTCA decision could trigger the judgment bar.
- Where it stands
- Decided
Decided 9-0 · February 25, 2021 · Opinion by Justice Thomas
- What it’s about
- This case asked whether a plaintiff who loses a Federal Tort Claims Act suit against the United States can still pursue a Bivens damages claim against the individual federal officers over the same incident.
- Who it affects
- The ruling says an FTCA judgment resolving the main claim can trigger the judgment bar, which may block a related Bivens claim based on the same injuries. It left open whether the bar applies when those related claims are brought in the same lawsuit.
Summary: written with AI from the case record.
What it's about
The dispute turned on whether the FTCA’s "judgment bar" applies when the FTCA claim was dismissed because the complaint did not establish a valid claim under state tort law.
The case shows how a Federal Tort Claims Act suit against the United States can interact with a damages suit against individual federal officers.
Question presented
The question presented is whether a final judgment in favor of the United States in an action brought under Section 1346(b)(1), on the ground that a private person would not be liable to the claimant under state tort law for the injuries alleged, bars a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), that is brought by the same claimant, based on the same injuries, and against the same governmental employees whose acts gave rise to the claimant's FTCA claim.
What the Court decided
Holding
The District Court’s order was a judgment on the merits of the FTCA claims that can trigger the judgment bar. 409, reversed.
- Result
- Reversed
The vote
What's next
Any remaining proceedings would be in the lower courts under the Supreme Court's ruling. The Court left unresolved whether the judgment bar applies to related claims in the same lawsuit.
Documents
Docket activity
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More questions
- What did Brownback v. King decide?
- It decided that the trial court's FTCA order was a judgment on the main claims that can trigger the judgment bar. It overturned the Sixth Circuit's judgment.
- Can the FTCA judgment bar affect King's Bivens claim?
- Yes. The Court said a final FTCA decision can trigger the bar and may block a related Bivens claim based on the same injuries.
- What did Brownback v. King leave open?
- It did not decide whether the judgment bar applies when related FTCA and Bivens claims arise in the same lawsuit.
- What happens next in Brownback v. King?
- The Supreme Court has finished its action. Any remaining proceedings are in the lower courts under the ruling.
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.