No. 19-546October Term 2019Decided Feb 25, 2021
Brownback v. King
This case is about whether an unsuccessful FTCA suit can shut the door on a parallel Bivens claim against the same federal employees.
Case status
- Current stage
- Decided
- Latest event
- Decision released Feb 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
Briefing
What it's about
Brownback v. King asks whether a person who loses a Federal Tort Claims Act case against the United States can still seek damages from the individual federal officers under Bivens for the same incident. The fight is over whether the FTCA's judgment bar blocks the second suit when the FTCA claim failed because the complaint did not state a valid state-law tort claim.
Vote
No oral argument is scheduled yet. The key issue is whether the FTCA's judgment bar applies after an FTCA claim is dismissed for failing to establish a valid claim under state tort law.
Impact
The answer could shape how people sue after alleged misconduct by federal officers. For example, someone whose FTCA case is dismissed early may or may not still be able to pursue the officers personally for money damages.
What's next
Watch for the Court to schedule oral argument or take another procedural step. No decision window is available yet.
What is the core dispute in Brownback v. King?
The case asks whether losing an FTCA case against the United States bars a Bivens damages suit against the same officers over the same injuries. The dispute focuses on the FTCA's judgment bar.
Why could Brownback v. King matter outside this one case?
It could affect how people seek damages after alleged misconduct by federal officers. A dismissed FTCA complaint might either end the fight or leave a separate officer suit available.
What should people watch for next in Brownback v. King?
The next key step is a scheduling move from the Supreme Court, especially oral argument. Until then, there is no decision timeline to mark on the calendar.
Decision
What the Court decided
This case is about whether an unsuccessful FTCA suit can shut the door on a parallel Bivens claim against the same federal employees.
- Result
- Dismissed
Impact
The answer could shape how people sue after alleged misconduct by federal officers. For example, someone whose FTCA case is dismissed early may or may not still be able to pursue the officers personally for money damages.
Not official Court text.
Opinion documents
Timing
Decided February 25, 2021
The Court released its decision on February 25, 2021 without hearing oral argument.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 19-546
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | Feb 25, 2021
Petition
brief | Oct 25, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026