Legal Opinion

United States v. James

Supreme Court of the United States

Decided July 2, 1986No. 85-434PublishedCited by 367 opinions

1Opinion of the CourtJustice Powell

This case presents the question whether the Flood Control Act’s immunity provision in 33 U. S. C. § 702c, which states *599that “[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place,” bars recovery where the Federal Government would otherwise be liable under the Federal Tort Claims Act, 28 U. S. C. §2671 et seq., for personal injury caused by the Federal Government’s negligent failure to warn of the dangers from the release of floodwaters from federal flood control projects.

H — 1

The present case arose from serious…

2Cases cited20 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Butz v. EconomouSupreme Court of the United States · 1978
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  4. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  5. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978

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3Cited by367 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Salinas v. United StatesSupreme Court of the United States · 1997
  3. David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  4. Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
  5. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988

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