No. 19-546October Term 2019Decided Feb 25, 2021Updated May 23, 2026
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
- 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.
Documents
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
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology