Simmons v. Himmelreich
136 S. Ct. 1843
| SCOTUS | 2016Background
- Walter Himmelreich, a federal prisoner, filed an FTCA suit against the United States alleging negligence by Bureau of Prisons officials for housing him with an inmate who brutally assaulted him.
- The Government moved to dismiss the FTCA suit under the FTCA “Exceptions” for discretionary functions (28 U.S.C. §2680(a)); the District Court granted that motion.
- While the FTCA suit was pending, Himmelreich filed a second suit against individual BOP employees alleging constitutional torts based on the same underlying facts.
- After dismissal of the FTCA action, the individual employees invoked the FTCA judgment-bar provision (28 U.S.C. §2676) to obtain summary judgment, arguing the FTCA judgment barred subsequent suits against employees for the same subject matter.
- The Sixth Circuit reversed the district court; the Supreme Court granted certiorari to resolve whether the judgment bar applies to claims dismissed under the FTCA “Exceptions.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FTCA judgment-bar (§2676) applies when an FTCA suit is dismissed because it falls within an FTCA “Exception” (e.g., discretionary-function exception) | The judgment bar does not apply to suits dismissed under the FTCA Exceptions; §2680(a) says provisions of Chapter 171 "shall not apply" to such claims, so §2676 is excluded | The judgment bar is a Chapter 171 provision and should apply even if the FTCA claim was dismissed under an Exception; otherwise judgment bar would be rendered ineffective | The judgment bar does not apply to FTCA claims dismissed under the Exceptions (discretionary-function). The Court enforces the plain text of §2680(a). |
Key Cases Cited
- United States v. Smith, 499 U.S. 160 (1991) (interpreting application of Chapter 171’s exclusive-remedies provision in light of the Liability Reform Act)
- Will v. Hallock, 546 U.S. 345 (2006) (discussing judgment-bar provision’s resemblance to claim-preclusion principles)
- Dalehite v. United States, 346 U.S. 15 (1953) (FTCA’s purpose to channel liability to the United States)