DOCKET NO.: 89-1646
DECIDED BY: Rehnquist Court (1990-1991)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 499 US 160 (1991)
ARGUED: Nov 07, 1990
DECIDED: Mar 20, 1991
David L. Shapiro – on behalf of the Petitioners
Walter A. Oleniewski – on behalf of the Respondents
Media for United States v. Smith
Audio Transcription for Opinion Announcement – March 20, 1991 in United States v. Smith
In the other case, United States against Smith No. 89-1646 is here on a certiorari to the United States Court of Appeals for the Ninth Circuit.
The question in this case is whether respondents, David Cober against the military position for malpractice committed at an army hospital in Italy.
The Federal Tort Claims Act bars recovery against the United States for such hindrance occurring aboard.
In an opinion filed with the Clerk today, we hold that the Federal Employees Liability Reform Act also bars recovery against the individual positions.
We therefore reverse the judgment of the Ninth Circuit.
Justice Stevens has filed a dissenting opinion.