Hiersche, Personal Representative of the Estate of Hiersche, Deceased v. United States

Background

A professional diver contracted with the federal government to inspect submerged fish screens at the John Day Dam. Government employees said they would shut off water flow but failed to do so, and the diver was fatally injured when his head was drawn into an opening. The Government defended the wrongful-death suit by invoking a 1928 flood-control law that, as interpreted by the Ninth Circuit, bars liability for damage from floods or flood waters.

Reasoning

The core question was whether the Court should resolve a recurring conflict among federal appeals courts about the scope of that old sentence in the 1928 law. The Court refused to review the case, and Justice Stevens wrote respecting that denial. He explained that the statute is an outdated remnant enacted before today’s federal tort law and described the immunity as producing harsh and unjust results. He urged that Congress, not the Court, is the appropriate body to decide whether the immunity should remain.

Real world impact

Because the Court declined to take the case, the Ninth Circuit’s decision that the statute shields the federal government remains in force for this dispute. The result means injured people may be barred from suing in some federal circuits but not in others, producing unequal outcomes across the country. The ruling is not a final national interpretation of the law and could be changed by future Supreme Court review or by Congress.