[19-546] Brownback v. King

Brownback v. King

Justia (with opinion) · Docket · oyez.org

Argued on Nov 9, 2020.
Decided on Feb 25, 2021.

Petitioner: Douglas Brownback, et al..
Respondent: James King.

Advocates:

• Michael R. Huston (for the petitioners)
• Patrick M. Jaicomo (for the respondent)

Facts of the case (from oyez.org)

Two undercover FBI agents mistakenly identified petitioner James King as a criminal suspect and approached him. The parties differed in their account of the facts as to whether the agents identified themselves as police officers, but King apparently perceived he was being mugged and resisted their attempts to restrain him. A violent fight ensued, in which the officers severely beat King until onlookers called 911 and local police arrived on the scene. The local police officers ordered bystanders to delete video footage of the altercation because the videos could reveal the identities of undercover FBI officers. King was taken to the hospital, where he received medical treatment and was discharged. On his discharge, police arrested him and took him to Kent County Jail, where he spent the weekend in jail before posting bail and visiting another hospital for further examination. Prosecutors pursued charges, but a jury acquitted King of all charges.

King then filed a lawsuit against the United States and both FBI agents, alleging that the agents violated his clearly established Fourth Amendment rights by conducting an unreasonable seizure and by using excessive force. In general, the United States and its agents are immune from liability under the principle of sovereign immunity. The Federal Tort Claims Act (FTCA) waives sovereign immunity in specific situations, and the plaintiff bringing an FTCA claim bears the burden of showing his claim falls within such situations. The FTCA also contains a “judgment bar” provision that precludes a plaintiff from bringing additional claims concerning the “same subject matter” as an FTCA claim after a judgment is entered on the FTCA claim.

The district court found that King failed to prove one of the six requirements for FTCA to apply, and therefore that it lacked subject-matter jurisdiction to hear King’s claim against the United States. The court further held that the defendant agents were entitled to qualified immunity and granted summary judgment in their favor. The U.S. Court of Appeals for the Sixth Circuit reversed, finding the FTCA judgment bar does not preclude King’s remaining claims because the court did not reach the merits of the FTCA claims and that the defendants were not entitled to qualified immunity.

 

Question

Does the judgment bar provision of the Federal Tort Claims Act (FTCA) prevent a plaintiff whose FTCA claim against the government failed for lack of subject matter jurisdiction from filing another action, against the same defendants and arising from the same set of facts and injuries, under Bivens?

Conclusion

The district court’s order dismissing King’s FTCA claims was a judgment on the merits and thus triggered the Act’s judgment bar to block his Bivens claims. Justice Clarence Thomas authored the unanimous opinion of the Court.

The FTCA’s judgment bar was drafted “against the backdrop doctrine of res judicata,” or claim preclusion, and so a judgment on the merits will trigger that bar. A dismissal under Federal Rule 12(b)(6) for failure to state a claim is a “quintessential” merits decision because it signifies that the undisputed facts fail to establish all the elements of the FTCA claims. Although the question is “complicated” by the jurisdictional effect of a failure to state a claim, the Court noted that when the pleading of a claim and the pleading of jurisdiction coincide, as in this case, “a ruling that the court lacks subject-matter jurisdiction may simultaneously be a judgment on the merits.”

Justice Sonia Sotomayor wrote a concurring opinion to note that the Court “does not today decide whether an order resolving the merits of an FTCA claim precludes other claims arising out of the same subject matter in the same suit.