Gutierrez De Martinez v. Lamagno

515 U.S. 417, 115 S. Ct. 2227, 132 L. Ed. 2d 375, 1995 U.S. LEXIS 4043
CourtSupreme Court of the United States
DecidedJune 14, 1995
Docket94-167
StatusPublished
Cited by559 cases

This text of 515 U.S. 417 (Gutierrez De Martinez v. Lamagno) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gutierrez De Martinez v. Lamagno, 515 U.S. 417, 115 S. Ct. 2227, 132 L. Ed. 2d 375, 1995 U.S. LEXIS 4043 (1995).

Opinions

Justice Ginsburg

delivered the opinion of the Court, except as to Part IV.

When a federal employee is sued for a wrongful or negli-. gent act, the Federal Employees Liability Reform and Tort [420]*420Compensation Act of 1988 (commonly known as the Westfall Act) empowers the Attorney General to certify that the employee “was acting within the scope of his office or employment at the time of the incident out of which the claim arose . . . 28 U. S. C. §2679(d)(1). Upon certification, the employee is dismissed from the action and the United States is substituted as defendant. The case then falls under the governance of the Federal Tort Claims Act (FTCA), ch. 753, 60 Stat. 812,842. Generally, such cases unfold much as cases do against other employers who concede respondeat superior liability. If, however, an exception to the FTCA shields the United States from suit, the plaintiff may be left without a tort action against any party.

This case is illustrative. The Attorney General certified that an allegedly negligent employee “was acting within the scope of his . . . employment” at the time of the episode in suit. Once brought into the case as a defendant, however, the United States asserted immunity, because the incident giving rise to the claim occurred abroad and the FTCA excepts “[a]ny claim arising in a foreign country.” 28 U. S. C. §2680(k). Endeavoring to redeem their lawsuit, plaintiffs (petitioners here) sought court review of the Attorney General’s scope-of-employment certification, for if the employee was acting outside the scope of his employment, the plaintiffs’ tort action could proceed against him. The lower courts held the certification unreviewable. We reverse that determination and hold that the scope-of-employment certification is reviewable in court.

J — I

Shortly before midnight on January 18, 1991, m Barranquilla, Colombia, a car driven by respondent Dirk A. La-magno, a special agent of the United States Drug Enforcement Administration (DEA), collided with petitioners’ car. Petitioners, who are citizens of Colombia, allege that La-[421]*421magno was intoxicated and that his passenger, an unidentified woman, was not a federal employee.

Informed that diplomatic immunity shielded Lamagno from suit in Colombia, petitioners filed a diversity action against him in the United States District Court for the Eastern District of Virginia, the district where Lamagno resided. Alleging that Lamagno’s negligent driving caused the accident, petitioners sought compensation for physical injuries and property damage.1 In response, the local United States Attorney, acting pursuant to the Westfall Act, certified on behalf of the Attorney General that Lamagno was acting within the scope of his employment at the time of the accident. The certification, as is customary, stated no reasons for the U. S. Attorney’s scope-of-employment determination.2

In the Westfall Act, Congress instructed:

“Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding [422]*422commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant.” § 2679(d)(1).

Thus, absent judicial review and court rejection of the certification, Lamagno would be released from the litigation; furthermore, he could not again be pursued in any damages action arising from the “same subject matter.” § 2679(b)(1). Replacing Lamagno, the United States would become sole defendant.

Ordinarily, scope-of-employment certifications occasion no contest. While the certification relieves the employee of responsibility, plaintiffs will confront instead a financially reliable defendant. But in this case, substitution of the United States would cause the demise of the action: Petitioners’ claims “ar[ose] in a foreign country,” FTCA, 28 U. S. C. §2680(k), and thus fell within an exception to the FTCA’s waiver of the United States’ sovereign immunity. See § 2679(d)(4) (upon certification, the action “shall proceed in the same manner as any action against the United States ... and shall be subject to the limitations and exceptions applicable to those actions”). Nor would the immunity of the United States allow petitioners to bring Lamagno back into the action. See United States v. Smith, 499 U. S. 160 (1991).

To keep their action against Lamagno alive, and to avoid the fatal consequences of unrecallable substitution of the United States as the party defendant, petitioners asked the District Court to review the certification. Petitioners maintained that Lamagno was acting outside the scope of his employment at the time of the accident; certification to the contrary, they argued, was groundless and untrustworthy. Following Circuit precedent, Johnson v. Carter, 983 F. 2d 1316 (CA4) (en banc), cert. denied, 510 U. S. 812 (1993), the District Court held the certification unreviewable, substituted the United States for Lamagno, and dismissed peti[423]*423tioners’ suit. App. 7-9. In an unadorned order, the Fourth Circuit affirmed. 23 F. 3d 402 (1994).

The Circuits divide sharply on this issue. Parting from the Fourth Circuit, most of the Courts of Appeals have held certification by the Attorney General or her delegate amenable to court review.3 We granted certiorari to resolve the conflict, 513 U. S. 998 (1994),4 and we now reverse the Fourth Circuit’s judgment.

II

A

We encounter in this ease the familiar questions: where is the line to be drawn; and who decides. Congress has firmly answered the first question. “Scope of employment” sets the line. See § 2679(b)(1); United States v. Smith, 499 U. S. 160 (1991). If Lamagno is inside that line, he is not subject to petitioners’ suit; if he is outside the line, he is personally answerable. The sole question, then, is who decides on which side of the line the case falls: the local United [424]*424States Attorney, unreviewably or, when that official’s decision is contested, the court. Congress did not address this precise issue unambiguously, if at all. As the division in the lower courts and in this Court shows, the Westfall Act is, on the “who decides” question we confront, open to divergent interpretation.

Two considerations weigh heavily in our analysis, and we state them at the outset. First, the Attorney General herself urges review, mindful that in cases of the kind petitioners present, the incentive of her delegate to certify is marked. Second, when a Government official’s determination of a fact or circumstance — for example, “scope of employment” — is dispositive of a court controversy, federal courts generally do not hold the determination unreviewable. Instead, federal judges traditionally proceed from the “strong presumption that Congress intends judicial review.”

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Bluebook (online)
515 U.S. 417, 115 S. Ct. 2227, 132 L. Ed. 2d 375, 1995 U.S. LEXIS 4043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-de-martinez-v-lamagno-scotus-1995.