Castro v. United States

(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.