Bigby v. United States

Background

A person was injured while entering or trying to enter an elevator in a federal courthouse and post office building and sued the United States in a Circuit Court. The suit relied on an 1887 law that lets federal courts hear claims “upon any contract, express or implied, with the Government,” as well as other categories. The plaintiff argued that the Government had an implied agreement to operate the elevator safely and to hire competent employees.

Reasoning

The Court examined whether the injury claim could be treated as an implied contract with the Government. It reviewed earlier decisions holding that the United States is not liable for wrongful or negligent acts of its officers unless Congress clearly consents. The Court found the elevator injury arose from negligent management and was a pure tort. No statute or authorized officer created an agreement that would make the Government contractually responsible. The Court explained that a victim cannot simply waive the tort and turn it into a contract claim against the Government. Because the 1887 law excludes tort claims, the Circuit Court lacked power to hear the case.

Real world impact

The decision leaves injured people who suffer negligence in federal buildings unable to sue the United States for damages under the contract-based jurisdiction of the 1887 law. Injured persons may sue the individual employee, seek relief from Congress, or rely on any specific statutory remedy if one exists. The ruling preserves the longstanding rule that Congress must authorize suits against the Government for ordinary torts.