Simmons v. Himmelreich
Issues
Does the judgment bar of the Federal Tort Claims Act, 28 U.S.C. 2676, bar a subsequent action against federal employees when the original claim against the United States, brought under Section 1346(b), was dismissed pursuant to the FTCA’s discretionary-function exception in Section 2680?
Walter Himmelreich brought a Federal Tort Claims Act (“FTCA”) suit against the United States during his federal prison sentence in 2010. The suit was subsequently dismissed under the FTCA’s discretionary-function exception. The exception states that courts do not have jurisdiction over claims “based upon the exercise or performance . . . [of] a discretionary function or duty on the part of a federal agency or [a government] employee.” Himmelreich later brought suit against prison officials, alleging various constitutional violations. The U.S. Court of Appeals for the Sixth Circuit overturned the district court’s decision to dismiss that complaint on the basis of the FTCA's judgment bar, which the district court determined barred plaintiffs from bringing claims against government employees that had previously received judgment. The Supreme Court granted certiorari in this case to determine whether a dismissal under the FTCA’s discretionary-function exception in Section 2680 is a “judgment” that would bar future claims under the FTCA’s judgment bar. Simmons argues that a dismissal on the grounds of the discretionary-function exception constitutes a judgment, and that the judgment bar should apply. Himmelreich argues that a dismissal on the grounds of the discretionary-function exception has no claim-preclusive effect and thus fails to trigger the judgment bar. The decision in this case will clarify the proper scope of the FTCA's judgment bar and may impact government employees’ exposure to liability.
Questions as Framed for the Court by the Parties
Does a final judgment in an action brought under Section 1346(b) dismissing the claim on the ground that relief is precluded by one of the FTCA’s exceptions to liability, 28 U.S.C. 2680, bar a subsequent action by the claimant against the federal employees whose acts gave rise to the FTCA claim?
Walter Himmelreich is a federal prisoner who filed a complaint under the Federal Tort Claims Act ("FTCA") against the United States in 2010 and a second complaint alleging various causes of action against numerous
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Additional Resources
- Prisoner's Failure to Exhaust Administrative Remedies in Pursuit of FTCA Excused by Alleged Threats of Prison Officials, O’Brien Whitt Publishing (Sept. 14, 2015).
- Derek Gilna, Sixth Circuit Reverses Dismissal of Prisoner's Bivens Suit Against BOP Officials, Prison Legal News (Oct. 26, 2015).