Editor's Note :

Editor's Note :

On Monday at 9:30 a.m., we expect the Court to issue additional orders from the November 24 Conference. We expect one or more opinions in argued cases on Tuesday at 10 a.m.

Castro v. United States

Petition for certiorari denied on January 10, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-309 5th Cir. N/A N/A N/A N/A OT 2010

Disclosure: Howe & Russell and Akin Gump represent the petitioner in this case.

Issue: (1) Whether the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a), applies to acts by federal employees that exceed the scope of their statutory or constitutional authority; and (2) even if governmental conduct would otherwise fit within the discretionary function, whether the law enforcement proviso of the Federal Tort Claims Act, 28 U.S.C. § 2680(h) -- which authorizes suits based on an enumerated list of common-law torts if those torts are committed by federal law enforcement officers -- nonetheless permits a plaintiff to proceed.

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