Maryland Ex Rel. Levin v. United States
Headline: Crash caused by a National Guard pilot: Court ruled Guard members and caretakers are state employees, blocking federal lawsuits and preventing the United States from being held liable when units aren’t in federal service.
Holding:
- Prevents suing the United States for Guard negligence when units are not in federal service.
- Leaves crash victims without a federal tort remedy unless states or Congress act.
- Shifts responsibility for Guard-related injury compensation to states and Congress.
Summary
Background
Passengers on a Capital Airlines plane were killed when it collided with a jet trainer assigned to the Maryland Air National Guard. The trainer’s pilot, Captain McCoy, was negligent. He held a state commission as an Air Guard officer and also worked as a civilian Aircraft Maintenance Chief under the federal “caretaker” statute. Families and the airline sued the United States under the Federal Tort Claims Act in different courts, producing conflicting appellate decisions.
Reasoning
The Court addressed whether a Guard member or a civilian caretaker counts as a United States employee for the purpose of suing the federal government. Reviewing the National Defense Act of 1916, later amendments, administrative practice, and congressional reports, the Court found that both military Guard members and civilian caretakers are appointed and controlled by state authorities and treated as state employees despite federal funding and standards. The Court rejected earlier cases that had treated caretakers as federal employees and held the United States is not liable under the Tort Claims Act for McCoy’s negligence when the Guard was not in active federal service.
Real world impact
As a result, victims of this 1958 crash cannot recover money damages from the United States under the Tort Claims Act. The opinion notes Congress later created a limited administrative remedy but that it did not apply to this accident. The Court acknowledged that those harmed may be left without an effective legal remedy unless a State or Congress provides compensation.
Dissents or concurrances
Mr. Justice Douglas wrote a dissent, disagreeing with the Court’s conclusion that the United States is not liable.
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