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No. 19-546October Term 2019Decided Feb 25, 2021Updated May 23, 2026

Docket 19-546October Term 2019 (2019–2020)

Brownback v. King

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.

Case status

Decided 9-0 · February 25, 2021 · Opinion by Justice Thomas

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Feb 25, 2021
Case Accepted
Arguments
Decision ReleasedFeb 25, 2021
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. 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.

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.

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Feb 25, 2021

Area

Decided Supreme Court case

Timing

Decided February 25, 2021

The Court released its decision on February 25, 2021 without hearing oral argument.

Activity

Docket activity3
  • Brief added: Questions Presented

    May 23, 2026 | Court records

  • Opinion added: opinion

    Feb 25, 2021 | Court records

  • Brief added: Petition

    Oct 25, 2019 | Court records