Brownback v. King
Issues
Does a judgment in favor of the United States on state law tort claims brought under Section 1346(b)(1) of the Federal Tort Claims Act necessarily preclude a plaintiff from seeking recourse under Bivens for a civil rights violation stemming from the same underlying factual allegations?
This case asks the Supreme Court to decide whether a judgment against the plaintiff on a Federal Tort Claims Act (“FTCA”) claim, alleging violations under state tort law, bars the plaintiff from pursuing a constitutional remedy under Bivens. Petitioner Douglas Brownback contends that the district court’s dismissal of Respondent James King’s FTCA claims on the basis of his failure to establish the elements of Section 1346(b) constitutes a final judgment on the merits of all claims pertaining to the same subject matter. Brownback argues that consistent with the purpose of the statute, Section 2676 of the FTCA bars King from pursuing his Bivens action. King counters that the judgment bar should be interpreted to incorporate the doctrine of res judicata, which precludes subsequent claims only if a court with jurisdiction has entered a judgment on the merits. King argues that since no such jurisdiction exists over the claims in this case, his Bivens action should not be barred. The outcome of this case has significant implications for plaintiffs’ access to courts and the avenues for relief plaintiffs may pursue to hold government officials accountable for state tort and constitutional violations.
Questions as Framed for the Court by the Parties
Whether a final judgment in favor of the United States in an action brought under Section 1346(b)(1) of the Federal Tort Claims Act, 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 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.
On July 18, 2014, Officer Ted Allen, a detective with the Grand Rapids Police, and Agent Douglas Brownback, a special agent with the FBI, participated in a joint fugitive task force in search of a criminal suspect pursuant to an arrest warrant issued by the State of Michigan. King v.
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Additional Resources
- Jordan S. Rubin, Law Enforcement Accountability at Stake in Coming SCOTUS Cases, Bloomberg Law (Oct. 6, 2020).
- Robert Barnes, Supreme Court to Hear Case of Michigan Man Beaten by Plainclothes Police, Washington Post (Mar. 30, 2020).