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SUPREME COURT OF THE UNITED STATES
_________________
No. 15–109
_________________
JERMAINE SIMMONS, et al., PETITIONERS
v. WALTER J. HIMMELREICH
on writ of certiorari to the united states
court of appeals for the sixth circuit
[June 6, 2016]
Justice Sotomayor delivered the opinion of the
Court.
The Federal Tort Claims Act (FTCA) allows
plaintiffs to seek damages from the United States for certain torts
committed by federal employees. 28 U. S. C. §§1346(b),
2674. Many of the FTCA’s procedural provisions are contained in a
single chapter of the United States Code, Chapter 171. See
§§2671–2680. But an “Exceptions” section of the FTCA dictates that
“the provisions of [Chapter 171] . . . shall not apply” to certain
categories of claims. At issue in this case is whether one of the
“provisions of [Chapter 171]”—the so-called judgment bar provision,
§2676—might nonetheless apply to one of the excepted claims. We
conclude it does not.
I
A
This case began with two suits filed by Walter
Himmelreich. In each, Himmelreich alleged that he had been severely
beaten by a fellow inmate in federal prison and that the beating
was the result of prison officials’ negligence. At the time of the
beating, Himmelreich was incarcerated for producing child
pornography. His assailant had warned prison officials that he
would “ ‘smash’ ” a pedophile if given the opportunity
but was nonetheless released into the general prison population,
where he assaulted Himmelreich. App. 46.
Himmelreich filed a first suit against the
United States. The Government treated this first suit as a claim
under the FTCA and moved to dismiss the action, arguing that the
claim fell into one of the “Exceptions” to the FTCA for “[a]ny
claim based upon . . . the exercise or performance
. . . [of] a discretionary function,” namely, deciding
where to house inmates. §2680(a). The District Court granted the
Government’s motion to dismiss. (Neither party here challenges the
outcome of that first suit.)
But before the District Court dismissed that
first suit, Himmelreich filed a second suit, this one a
constitutional tort suit against individual Bureau of Prison
employees rather than against the United States. Ordinarily, the
FTCA would have nothing to say about such claims. But after the
dismissal of Himmelreich’s first suit, the individual employee
defendants argued that Himmelreich’s second suit was foreclosed by
the FTCA’s judgment bar provision, according to which a judgment in
an FTCA suit forecloses any future suit against individual
employees. See §2676. As relevant here, the District Court agreed
and granted summary judgment in favor of the individual prison
employees.
Himmelreich appealed that ruling. The Sixth
Circuit reversed, holding that the judgment bar provision did not
apply to Himmelreich’s suit.
Himmelreich v.
Federal
Bureau of Prisons et al., 766 F. 3d 576 (2014)
(per
curiam).
We granted certiorari to resolve a Circuit split
on whether the judgment bar provision applies to suits that, like
Himmelreich’s, are dismissed as falling within an “Exceptio[n]” to
the FTCA.[
1] 577 U. S. ___
(2015).
B
The FTCA’s provisions are contained in two
areas of the United States Code. One, 28 U. S. C.
§1346(b), gives federal district courts exclusive jurisdiction over
tort claims against the United States for the acts of its employees
“[s]ubject to the provisions of chapter 171” of Title 28.[
2] Chapter 171, in turn, is labeled
“Tort Claims Procedure” and comprises the remaining provisions of
the FTCA. §§2671–2680.
Chapter 171 contains an array of provisions.
Some provisions govern how FTCA claims are to be adjudicated. See,
e.g., §2674 (specifying scope of United States’ liability);
§2675(a) (exhaustion requirement); §2678 (restricting attorney’s
fees). Other provisions limit plaintiffs’ remedies outside the
FTCA. See,
e.g., §2679(a) (cannot sue agency for claims
within scope of FTCA); §2679(d)(1) (suit against federal employee
acting within scope of employment automatically converted to FTCA
action).
The District Court in this case relied on one
suchremedies-limiting provision of Chapter 171, the judgment bar
provision.[
3] See §2676. Under
the judgment bar provision, once a plaintiff receives a judgment
(favorable or not) in an FTCA suit, he generally cannot proceed
with a suit against an individual employee based on the same
underlying facts. The District Court below held that Himmelreich
had received a judgment in the first suit (the FTCA suit against
the United States) and so could not proceed with the second suit
(the individual employee suit based on the same underlying
facts).
The FTCA explicitly excepts from its coverage
certain categories of claims, including the one into which
Himmelreich’s first suit fell:
“Exceptions
“The provisions of this chapter and section
1346(b) of this title shall not apply to—
“(a) Any claim based upon . . . the
exercise or performance or the failure to exercise or perform a
discretionary function or duty . . . whether or not the
discretion involved be abused. . . .” §2680.
“The provisions of this chapter” referenced in
the first line are the provisions of Chapter 171. “[S]ection
1346(b) of this title” is the provision giving district courts FTCA
jurisdiction. And the “Exceptions” to which those portions of the
FTCA “shall not apply” are 13 categories of claims, such as any
claim that—like Himmelreich’s first suit—arises from the
performance of a “discretionary function,” §2680(a); “[a]ny claim
arising in a foreign country,” §2680(k); and “[a]ny claim arising
from the activities of the Tennessee Valley Authority,”
§2680(
l).
Both parties agree that district courts do not
have jurisdiction over claims that fall into one of the 13
categories of “Exceptions” because “section 1346(b) of this
title”—the provision conferring jurisdiction on district
courts—does “not apply” to such claims. Both parties also agree
that at least one of “[t]he provisions of [Chapter 171]”—the
provision delimiting the United States’ liability, §2674—need “not
apply” to claims in the “Exceptions” categories because no court
will have jurisdiction to hold the United States liable on such
claims in any event.
The parties disagree, however, about whether the
judgment bar provision of Chapter 171 “shall not apply” to claims
in one of the “Exceptions” categories. The Government maintains
that the judgment bar provision does apply to such claims. In that
case, it applied to Himmelreich’s first suit and would preclude any
future actions, including his second suit. Himmelreich urges that
it does not apply. On that reading, there is no reason he cannot
proceed with his second suit.
II
Himmelreich is correct. The “Exceptions”
section of the FTCA reads: “[T]he provisions of this
chapter”—Chapter 171—“shall not apply to . . . [a]ny
claim based upon . . . the exercise or performance
. . . [of] a discretionary function or duty.” §2680(a).
The judgment bar is a provision of Chapter 171; the plain text of
the “Exceptions” section therefore dictates that it does “not
apply” to cases that, like Himmelreich’s first suit, are based on
the performance of a discretionary function. Because the judgment
bar provision does not apply to Himmelreich’s first suit,
Himmelreich’s second suit—the one against individual prison
employees—should be permitted to go forward.
Absent persuasive indications to the contrary,
we presume Congress says what it means and means what it says.
Nothing about the “Exceptions” section or the judgment bar
provision gives us any reason to doubt the plain-text result in
this case.
III
A
Given the clarity of the “Exceptions”
section’s command, a reader might be forgiven for wondering how
there could be any confusion about the statute’s operation. The
main source of uncertainty on this score, the Government submits,
is
United States v.
Smith, 499 U. S. 160 (1991) . In
Smith, we considered another provision of Chapter 171, the
exclusive remedies provision.
Id., at 162. Under the
exclusive remedies provision, a plaintiff generally cannot sue an
employee where the FTCA would allow him to sue the United States
instead. See §2679(b)(1).[
4]
The
Smith Court held that this exclusive
remedies provision applied to a claim for injuries sustained at an
Army hospital in Italy, even though that claim fell within the
category of “[a]ny claim arising in a foreign country,” one of the
“Exceptions” to which “the provisions of [Chapter 171]
. . . shall not apply.” §2680(k). The Government argues
that our literal reading of the “Exceptions” provision would
foreclose
Smith’s outcome because the
Smith Court
applied a provision of Chapter 171 (the exclusive remedies
provision) to a claim falling within one of the “Exceptions”
categories (a claim arising in a foreign country).
Smith,
the Government argues, thus establishes that we cannot read the
command of the “Exceptions” section literally and that the judgment
bar provision therefore should apply to Himmelreich’s discretionary
function claim.
The Government’s position has some force.
Nonetheless,
Smith does not control this case. First,
Smith does not even cite, let alone discuss, the “shall not
apply” language “Exceptions” provision. Second, the exclusive
remedies provision at issue in
Smith was enacted as part of
the Federal Employee Liability Reform and Tort Compensation Act of
1988, which contained a mechanism to reduce the number of tort
suits against Government employees. As the
Smith Court
explained, if “the Attorney General . . . certif[ies] that a
Government employee named as defendant was acting within the scope
of his employment when he committed the alleged tort,” the
Liability Reform Act dictates that the United States be substituted
as the sole defendant, and that the action “ ‘shall proceed in
the same manner’ ” as an FTCA action “ ‘and shall be
subject to the
limitations and exceptions applicable to
those actions.’ ” 499 U. S., at 166 (quoting §2679(d)(4));
(emphasis in
Smith). The
Smith Court held that the
Liability Reform Act’s reference to “limitations and exceptions”
was most naturally read to refer to the “Exceptions” section of the
FTCA. And by taking note of the “Exceptions” section, the
Smith court reasoned, the Liability Reform Act was intended
to apply to those “Exceptions.”
In light of the unique language of the Liability
Reform Act,
Smith is distinguishable from this case. Nothing
in the text of the judgment bar provision compels the same
result.
B
The Government’s remaining counterargument
amounts to a parade of horribles that it believes will come to pass
if
every provision of Chapter 171 “shall not apply” to the
“Exceptions” categories of claims. See Brief for Petitioners 52. If
the Government is right about the other provisions of Chapter 171,
the Court may hold so in the appropriate case. See
Smith,
499 U. S., at 175. But this case deals only with the judgment
bar provision, and, aside from a passing concern about duplicative
litigation, the Government does not argue that any such cavalcade
would follow if
that provision does not apply to the
excepted claims. It is enough for our purposes that the statute’s
clear directive would not lead to hard-to-explain results when
applied to the judgment bar provision in particular.
To the contrary, our holding that the judgment
bar provision “shall not apply” to the categories of claims in the
“Exceptions” section in fact allows the statute to operate in an
utterly sensible manner. Ordinarily, the judgment bar provision
prevents unnecessarily duplicative litigation. If the District
Court in this case had issued a judgment dismissing Himmelreich’s
first suit because the prison employees were not negligent, because
Himmelreich was not harmed, or because Himmelreich simply failed to
prove his claim, it would make little sense to give Himmelreich a
second bite at the money-damages apple by allowing suit against the
employees: Himmelreich’s first suit would have given him a fair
chance to recover dam-ages for his beating.
Where an FTCA claim is dismissed because it
falls within one of the “Exceptions,” by contrast, the judgment bar
provision makes much less sense. The dismissal of a claim in the
“Exceptions” section signals merely that the United States cannot
be held liable for a particular claim; it has no logical bearing on
whether an employee can be held liable instead.[
5] To apply the judgment bar so as to foreclose a
future suit against an employee thus would be passing strange.
The Government’s reading would yield another
strange result. According to the Government, the viability of a
plaintiff’s meritorious suit against an individual employee should
turn on the order in which the suits are filed (or the order in
which the district court chooses to address motions). For example,
had the District Court in this case addressed the individual
employee suit first, there would be no FTCA judgment in the
picture, and so the judgment bar provision would not affect the
outcome of the suit. The Government’s reading would thus encourage
litigants to file suit against individual employees before suing
the United States to avoid being foreclosed from recovery
altogether. Yet this result is at odds with one of the FTCA’s
purposes, channeling liability away from individual employees and
toward the United States. See
Dalehite v.
United
States, 346 U. S. 15, 25 (1953) .
We decline to ignore the text of the statute to
achieve these imprudently restrictive results. Accordingly, we read
“[t]he provisions of this chapter . . . shall not apply”
as it was written. The judgment bar provision—one of the
“provisions of this chapter”—does not apply to the categories of
claims in the “Exceptions” sections of the FTCA. We therefore
affirm the judgment of the Court of Appeals and remand the case for
further proceedings consistent with this opinion.
It is so ordered.
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