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Supreme Court· 3/20/1991

United States v. Smith

Citations

  • 499 U.S. 160
  • 111 S. Ct. 1180
  • 113 L. Ed. 2d 134
  • 1991 U.S. LEXIS 1717

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the 8 Westfall Act “immunizes Government employees from suit even when an FTCA 9 exception precludes recovery against the Government”
  • holding that the Liability Reform Act “immunizes Government employees from suit even when an FTCA exception precludes recovery against the Government” (footnote omitted)
  • holding that the FTCA immunizes federal employees from suit even when the FTCA exception precludes recovery against the United States
  • holding that the exclusivity of remedy provision applies even if government liability is precluded
  • holding that the statute’s “express creation of these two exceptions” indicated that Congress did not intend “a third exception that would preserve tort liability for Government employees when a suit is barred under the FTCA”
  • holding absolute immunity for Government employees applies even where the FTCA precludes a plaintiff’s suit

Source: CourtListener parenthetical corpus (CC0).

Judges: Marshall, Rehnquist, White, Blackmun, O'Connor, Scalia, Kennedy, Souter, Stevens

Read full opinion on CourtListener

Cited by

217 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Other cases with this name

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.