United States v. James

Background

A group of people who were injured or killed after being swept into retention structures at federal reservoirs sued the United States under the Federal Tort Claims Act, saying the Army Corps of Engineers negligently failed to warn of dangerous currents when flood-control gates were opened. Two accidents at Millwood Dam in Arkansas and a drainage structure in Louisiana produced injuries and a death; trial and appellate courts reached differing conclusions about whether a 1928 Flood Control Act immunity clause barred recovery.

Reasoning

The central question was whether the Flood Control Act’s sentence “No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place” prevents FTCA suits for personal injury caused by water released from federal flood-control projects. The majority relied on the statute’s plain, broad wording and legislative history about limiting federal liability for the massive 1928 program. It concluded the release of waters to prevent flooding was covered, so the Government is immune and cannot be sued under the FTCA for these injuries, and the Court reversed the Fifth Circuit’s en banc decision.

Real world impact

The ruling means people hurt by currents or other dangers that flow from operations of federal flood-control projects usually cannot recover money from the United States under the FTCA. Recreational users, boaters, and families of victims at Corps-managed lakes and spillways may be left without a federal tort remedy; relief would depend on state law or congressional change.

Dissents or concurrances

Justice Stevens, joined by two Justices, dissented, arguing the word "damage" historically meant property harm and the immunity should not bar personal-injury claims.