United States v. Shearer
Opinion of the Court
delivered the opinion of the Court, except as to Part II-A.
We granted certiorari to decide whether the survivor of a serviceman, who was murdered by another serviceman, may recover from the Government under the Federal Tort Claims Act for negligently failing to prevent the murder.
I
Respondent is the mother and administratrix of Army Private Vernon Shearer. While Private Shearer was off duty at Fort Bliss and away from the base, he was kidnaped and murdered by another serviceman, Private Andrew Heard. A New Mexico court convicted Private Heard of Shearer’s murder and sentenced him to a term of 15 to 55 years’ imprisonment.
Respondent brought this action under the Federal Tort Claims Act, 28 U. S. C. §§ 1346(b) and 2671 et sea., claiming
The United States District Court for the Eastern District of Pennsylvania granted summary judgment in favor of the Government. The Court of Appeals reversed. 723 F. 2d 1102 (CA3 1983). The court held that Feres v. United States, 340 U. S. 135 (1950), did not bar respondent’s suit because “[generally an off-duty serviceman not on the military base and not engaged in military activity at the time of injury, can recover under FTCA.” 723 F. 2d, at 1106. The court also held that respondent’s suit was not precluded by the intentional tort exception to the Act, 28 U. S. C. § 2680(h). The Court of Appeals noted that respondent’s complaint alleged negligence and reasoned that “if an assault and battery occurred as a ‘natural result’ of the government’s failure to exercise due care, the assault and battery may be deemed to have its roots in negligence and therefore it is within the scope of the FTCA.” Id., at 1107.
We granted certiorari. 469 U. S. 929 (1984). We reverse.
II
A
The Federal Tort Claims Act’s waiver of sovereign immunity does not apply to “[a]ny claim arising out of assault [or] battery,” 28 U. S. C. § 2680(h), and it is clear that re
Respondent cannot avoid the reach of § 2680(h) by framing her complaint in terms of negligent failure to prevent the assault and battery. Section 2680(h) does not merely bar claims for assault or battery; in sweeping language it excludes any claim arising out 0/assault or battery. We read this provision to cover claims like respondent’s that sound in negligence but stem from a battery committed by a Government employee. Thus “the express words of the statute” bar respondent’s claim against the Government. United States v. Spelar, 338 U. S. 217, 219 (1949).
The legislative history of § 2680(h), although sparse, is entirely consistent with our interpretation. There is no indication that Congress distinguished between “negligent supervision” claims and respondeat superior claims, with only the latter excluded under the Act. Instead it appears that Congress believed that § 2680(h) would bar claims arising out of a certain type of factual situation — deliberate attacks by Government employees. For example, Congress was advised by the Department of Justice that the exception would apply “where some agent of the Government gets in a fight with some fellow . . . [a]nd socks him.” Tort Claims: Hearings on H. R. 5373 and H. R. 6463 before the House Committee on the Judiciary, 77th Cong., 2d Sess., 33 (1942).
It is clear that Congress passed the Tort Claims Act on the straightforward assurance that the United States would not be financially responsible for the assaults and batteries of its employees. See Tort Claims Against the United States: Hearings on S. 2690 before a Subcommittee of the Senate Committee on the Judiciary, 76th Cong., 3d Sess., 39 (1940). No one suggested that liability would attach if the Government negligently failed to supervise such an assailant.
The Court’s interpretation of parallel exceptions in § 2680 also supports our decision. In United States v. Neustadt, 366 U. S. 696 (1961), the Court held that the exception in § 2680(h) for claims “arising out of . . . misrepresentation” covers cases in which negligence underlies the inaccurate representation. And in Kosak v. United States, 465 U. S. 848 (1984), we held that the exception for claims “arising in respect of . . . the detention of any goods or merchandise by any officer of customs” includes a claim for negligent handling. Because Congress viewed these exceptions in the same light as the exception at issue here, see, e. g., H. R. Rep. No. 1287, 79th Cong., 1st Sess., 6 (1945), it is inescapable that the phrase “arising out of assault [or] battery” is broad enough to encompass claims sounding in negligence.
Today’s result is not inconsistent with the line of cases holding that the Government may be held liable for negligently failing to prevent the intentional torts of a non-employee under its supervision. See, e. g., Panella v. United States, 216 F. 2d 622 (CA2 1954) (Harlan, J.). In enacting the Federal Tort Claims Act, Congress’ focus was
B
Our holding in Feres v. United States, 340 U. S. 135 (1950), was that a soldier may not recover under the Federal Tort Claims Act for injuries which “arise out of or are in the course of activity incident to service.” Id., at 146. Although the Court in Feres based its decision on several grounds,
“[i]n the last analysis, Feres seems best explained by the ‘peculiar and special relationship of the soldier to his superiors, the effects of the maintenance of such suits on discipline, and the extreme results that might obtain if suits under the Tort Claims Act were allowed for negligent orders given or negligent acts committed in the course of military duty.’” United States v. Muniz, 374 U. S. 150, 162 (1963), quoting United States v. Brown, 348 U. S. 110, 112 (1954).
The Feres doctrine cannot be reduced to a few bright-line rules; each case must be examined in light of the statute as it has been construed in Feres and subsequent cases. Here, the Court of Appeals placed great weight on the fact that Private Shearer was off duty and away from the base when he was murdered. But the situs of the murder is not nearly as important as whether the suit requires the civilian court to second-guess military decisions, see Stencel Aero Engineering Corp. v. United States, 431 U. S. 666, 673 (1977), and whether the suit might impair essential military discipline, see Chappell v. Wallace, 462 U. S. 296, 300, 304 (1983).
Respondent’s case is therefore quite different from Brooks v. United States, 337 U. S. 49 (1949), where the Court allowed recovery under the Tort Claims Act for injuries caused by a negligent driver of a military truck. Unlike the negligence alleged in the operation of a vehicle, the claim here would require Army officers “to testify in court as to each other’s decisions and actions.” Stencel Aero Engineering Corp. v. United States, supra, at 673. To permit this type of suit would mean that commanding officers would have to stand prepared to convince a civilian court of the wisdom of a wide range of military and disciplinary decisions; for example, whether to overlook a particular incident or episode, whether to discharge a serviceman, and whether and how to place restraints on a soldier’s off-base conduct. But as we noted in Chappell v. Wallace, such “‘complex, subtle, and professional decisions as to the composition, training, . . . and control of a military force are essentially professional military judgments.’” 462 U. S., at 302, quoting Gilligan v. Morgan, 413 U. S. 1, 10 (1973).
h — H I — I I — I
Special Assistant to the Attorney General Holtzoff, testifying on behalf of the Attorney General, described the proposed Federal Tort Claims Act as “a radical innovation” and thus counseled Congress to “take it step by step.” Tort Claims Against the United States: Hearings on H. R. 7236 before Subcommittee No. 1 of the House Committee on the Judiciary, 76th Cong., 3d Sess., 22 (1940). We hold that Congress has not undertaken to allow a serviceman or his representative to recover from the Government for negligently failing to prevent another serviceman’s assault and battery. Accordingly, the judgment of the Court of Appeals is
Reversed.
Justice Powell took no part in the decision of this case.
Judge Garth dissented on the ground that respondent’s claim is barred by Feres and the intentional tort exception to the Act.
This is true even though Congress had reason to believe that “several incidents” of “abusive, illegal and unconstitutional ‘no-knock’ raids” by federal narcotics agents were the result of inadequate supervision. See S. Rep. No. 93-588, p. 2 (1973).
It is immaterial that this suit was brought by a representative of the serviceman; indeed, Feres itself was brought by an executrix. Feres v. United States 340 U. S. 135, 136-137 (1950).
Although no longer controlling, other factors mentioned in Feres are present here. It would be anomalous for the Government’s duty to supervise servicemen to depend on the local law of the various states, see id., at 143, 146; and the record shows that Private Shearer’s dependents are entitled to statutory veterans’ benefits. See id., at 144-145.
Concurring Opinion
with whom Justice Blackmun and Justice Stevens join, concurring in part and concurring in the judgment.
I do not join Part II-A of The Chief Justice’s opinion. I do, however, join Part II-B and therefore concur in the judgment.
Concurring Opinion
concurring in the judgment.
While I am not a firm supporter of Feres v. United States, 340 U. S. 135 (1950), I can support Part II-B of the Court’s opinion and concur in the judgment.
Reference
- Full Case Name
- UNITED STATES v. SHEARER, Individually and as Administratrix for the ESTATE OF SHEARER
- Cited By
- 598 cases
- Status
- Published