Fortney v. United States
Headline: Court vacates and remands a lawsuit over an Army munitions-plant explosion to decide if an Army safety manual rule was mandatory, affecting injured people’s ability to sue the federal government under the tort claims law.
Holding: The Court granted review, vacated the lower court’s judgment, and sent the case back for the appeals court to decide whether the Army’s safety rule was a binding mandatory directive that could allow injured people to sue the government.
- Allows courts to decide if safety rules let victims sue the federal government
- Could let injured munitions-plant victims pursue damages if a rule is found mandatory
- If no violation is found, plaintiffs’ case will likely end
Summary
Background
People injured by an explosion at an Army munitions plant sued the United States under the law that lets people sue the government for negligence. They said the Army failed to follow a safety manual rule (AMCR 385-100 §20.4) that forbade certain storage containers. The District Court found for the Government, the Fourth Circuit affirmed, and the Supreme Court agreed to review the case and sent it back for reconsideration in light of a recent ruling called Berkovitz.
Reasoning
The main question is whether the Army’s safety manual rule is a clear, mandatory directive that removes the Government’s usual protection from liability. In Berkovitz the Court said that if an agency breaks a specific mandatory rule, that violation is not covered by the Government’s usual immunity. The record here, however, includes the District Court’s alternative finding — affirmed by the Fourth Circuit — that the Army’s use of the containers did not actually violate §20.4 after expert testimony. Petitioners also mentioned a different sprinkler rule (§12.33), but that rule was not clearly presented to this Court.
Real world impact
The remand means the appeals court must reexamine whether a safety rule was truly mandatory and whether it was violated. If the rule is found mandatory and was broken, injured people could more easily sue the Government. If no violation is found, the case will likely end without recovery. This decision is a procedural step, not a final ruling on liability.
Dissents or concurrances
Justice Scalia, joined by three colleagues, dissented, arguing the remand was unnecessary because the lower courts found no violation, and he would have denied review because the sprinkler rule was not properly presented.
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