24-362 MARTIN V. UNITED STATES
DECISION BELOW: 2024 WL 1716235
QUESTION PRESENTED:
Petitioners are the innocent victims of a wrong-house raid conducted by an FBI
SWAT team in Atlanta, Georgia. Seeking a remedy for torts committed against them,
Petitioners brought a cause of action against the United States under the Federal Tort
Claims Act. In its opinion below, the Eleventh Circuit held that all of Petitioners' FTCA
claims are barred by sovereign immunity supplied either through the Constitution's
Supremacy Clause or the FTCA's discretionary-function exception.
In one or more ways, the opinion below conflicts with decisions from every other
circuit.
The questions presented are:
1. Whether the Constitution's Supremacy Clause bars claims under the FTCA-a
federal statute enacted by Congress-when the negligent or wrongful acts of federal
employees "have some nexus with furthering federal policy and can reasonably be
characterized as complying with the full range of federal law." Pet. App. 17a (quotation
omitted).
2. Whether the FTCA's discretionary-function exception bars claims for torts
arising from wrong-house raids and similar negligent or wrongful acts by federal
employees
LOWER COURT CASE NUMBER: 23-10062
GRANTED LIMITED TO THE FOLLOWING QUESTIONS: 1) WHETHER THE
CONSTITUTION’S SUPREMACY CLAUSE BARS CLAIMS UNDER THE FEDERAL
TORT CLAIMS ACT WHEN THE NEGLIGENT OR WRONGFUL ACTS OF FEDERAL
EMPLOYEES HAVE SOME NEXUS WITH FURTHERING FEDERAL POLICY AND
CAN REASONABLY BE CHARACTERIZED AS COMPLYING WITH THE FULL
RANGE OF FEDERAL LAW. 2) WHETHER THE DISCRETIONARY-FUNCTION
EXCEPTION IS CATEGORICALLY INAPPLICABLE TO CLAIMS ARISING UNDER
THE LAW ENFORCEMENT PROVISO TO THE INTENTIONAL TORTS EXCEPTION.
EXPEDITED BRIEFING.
CHRISTOPHER MILLS, ESQUIRE, OF CHARLESTON, SOUTH CAROLINA, IS
INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT
OF THE JUDGMENT BELOW AS TO THE FIRST QUESTION IDENTIFIED IN THE
ORDER GRANTING THE PETITION FOR A WRIT OF CERTIORARI.
CERT. GRANTED 1/27/2025
Martin v. United States
Docket Number: 24-362
Date Argued: 04/29/25