Levin v. United States

Holding: The Gonzalez Act, 10 U.S.C. § 1089(e), which provides that the intentional tort exception to the Federal Tort Claims Act does not apply to “any cause of action arising out of a negligent or wrongful act or omission in the performance of medical . . . functions,” permits a suit against the United States alleging medical battery by a Navy doctor acting within the scope of his employment.

 

JudgmentReversed and remanded, 9-0, in an opinion by Justice Ginsburg on March 4, 2013. The opinion is unanimous except insofar as Justice Scalia did not join footnotes 6 and 7.

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