Courthouse Steps Preview: Brownback v. King

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When it enacted the FTCA, Congress waived sovereign immunity and accepted vicarious liability for certain torts committed by federal employees. The judgment bar provision of the FTCA provides that the judgment in an FTCA action “shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim.”  

The question before the Court is whether this judgment bar provision is triggered in an action with both FTCA and constitutional claims, when an FTCA claim is dismissed for lack of subject matter jurisdiction. The Court will hear this case on November 9, 2020.  


Patrick Jaicomo, Attorney, Institute for Justice

Roman Martinez, Latham & Watkins LLP


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