Levin v. United States (2012)
- Docket
- 11-1351
- Decided
- 2012-01-01
Summary
Question: Does the Federal Tort Claims Act prevent the United States from being prosecuted for battery caused by military medical personnel acting within the scope of employment? Conclusion: No. Justice Ruth Bader Ginsburg delivered a unanimous opinion reversing the Ninth Circuit's judgment and remanding for further proceedings. In general, the Federal Tort Claims Act ("FTCA") allows a plaintiff to bring a tort claim against the United States, unless that claim alleges an intentional tort, such as battery. However, the Medical Malpractice Immunity Act, also known as the Gonzalez Act, carved out a specific exception to this rule. The Gonzalez Act states that the intentional tort exception to the FTCA "shall not apply" to certain tort claims alleging wrongful or negligent medical care. The Court applied the plain meaning of the statute and held that the Gonzalez Act nullifies the FTCA's intentional tort exception when a plaintiff alleges medical battery by an armed forces physician. Since the intentional tort exception does not apply, Levin should be allowed to proceed with his suit against the United States.