Legal Opinion
Westfall v. Erwin
Supreme Court of the United States
Decided January 13, 1988No. 86-714PublishedCited by 373 opinions
1Opinion of the CourtJustice Marshall
Respondent William Erwin and his wife respondent Emely Erwin brought a state-law tort suit against petitioners, federal employees in the Executive Branch, alleging that he had suffered injuries as a result of petitioners’ negligence in performing official acts. The issue presented is whether these federal officials are absolutely immune from liability under state tort law for conduct within the scope of their employment without regard to whether the challenged conduct was discretionary in nature.
I
Respondents William and Emely Erwin commenced this tort action in state court. At the time of the…
2Cases cited9 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Barr v. MatteoSupreme Court of the United States · 1959
- Doe v. McMillanSupreme Court of the United States · 1973
- Howard v. LyonsSupreme Court of the United States · 1959
- Araujo, Shirley v. Welch, James S., Individually and in His Official Capacity as Major General, United States Army James S. WelchCourt of Appeals for the Third Circuit · 1984
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3Cited by373 opinions
- Burns v. ReedSupreme Court of the United States · 1991
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- Ernest S. Little v. City of Seattle John Doe Jane Doe, and David PaulCourt of Appeals for the Ninth Circuit · 1989
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