Joseph Alfonso, IV v. United States

JERRY E. SMITH, Circuit Judge:

Joseph Alfonso sued Louisiana national guardsmen under the Federal Tort Claims Act (“FTCA”) for alleged negligence arising from post-Hurricane Katrina activities undertaken while they were in federal-pay status. 1 The FTCA permits recovery against the United States if the federal employees would be liable for the same conduct as private individuals under state law. 2 The Louisiana Homeland Security and Emergency Assistance and Disaster Act (“LHSEADA” or the “immunity statute”), however, grants immunity to the state and its agents if they were engaged in…