Harold v. United States

634 F.2d 547, 225 Ct. Cl. 168, 1980 U.S. Ct. Cl. LEXIS 282
CourtUnited States Court of Claims
DecidedSeptember 10, 1980
DocketNo. 424-79
StatusPublished
Cited by14 cases

This text of 634 F.2d 547 (Harold v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harold v. United States, 634 F.2d 547, 225 Ct. Cl. 168, 1980 U.S. Ct. Cl. LEXIS 282 (cc 1980).

Opinions

COWEN, Senior Judge,

delivered the opinion of the court:

Plaintiff, the widow of David D. Harold, former Chief of the Aldan, Pennsylvania Police Department, sued here to recover a payment of $50,000, which she claims is due her by virtue of the Public Safety Officers’ Benefit Act of 1976, Pub. L. 94-430,90 Stat. 1346, codified as 42 U.S.C. § 3796, et seq. (1976).1 Both parties have moved for summary judgment and there are no material facts in dispute. For the reasons stated herein,, we hold that plaintiff is entitled to the claimed payment and accordingly grant her motion for summary judgment.

I.

The Public Safety Officers’ Benefits Act of 1976 is neither a complex nor a lengthy statute. 42 U.S.C. § 3796 (1976) directs the Law Enforcement Assistance Administration (LEAA) to pay a $50,000 death benefit to the survivors of "a public safety officer [who] has died as the direct and proximate result of a personal injury sustained in the line of duty * * Section 3796a of title 42, entitled "Limitations on benefits,” sets forth three specific situations in which no death benefit shall be paid.2 42 U.S.C. § 3796b [170]*170defines certain terms used in the Act and the final section, 42 U.S.C. § 3796c, grants LEAA the power, inter alia, to establish rules and regulations for the administration of the death benefit program established by the Act. Pursuant to this authority, LEAA has promulgated a regulation, codified as 28 C.F.R. § 32.2(c) (1979), which defines "line of duty” for purposes of section 3796. This regulation provides in pertinent part that:

“Line of duty” means any action which an officer whose primary function is crime control or reduction, enforcement of the criminal law, or suppression of fires is obligated or authorized by rule, regulation, condition of employment or service, or law to perform, including those social, ceremonial, or athletic functions to which he is assigned, or for which he is compensated, by the public agency he serves. * * * [28 C.F.R. § 32.2(c) (1979)].

LEAA accompanied its promulgation of this regulation with the following commentary in the Federal Register:

An officer is not acting within the line of duty when he is grossly negligent. See the dialogue between Congressmen Brown and Eilberg at Cong. Rec. H 10135-36 (Sept. 15, 1976, daily ed.). [42 Fed. Reg. 23259 (1977)].3

As will be seen, plaintiffs right to recover the contested benefits turns on whether the LEAA commentary is a valid interpretation of the statutory phrase "line of duty.”

II.

Plaintiffs husband, Chief Harold, died on February 4, 1977, as a result of an accidental, self-inflicted gunshot wound incurred on that date. Chief Harold was cleaning his police revolver in his home when it discharged. The weapon was fully loaded and the grips had been removed when the accident occurred. Shortly after her husband’s death, plaintiff submitted to LEAA a claim for a section 3796 death benefit. In October 1978, the Director of the Public [171]*171Safety Officers’ Benefit Program ruled that plaintiff was not entitled to a death benefit because, in the director’s opinion, Chief Harold’s death did not occur in the line of duty as required by section 3796. The following two reasons were cited in support of the director’s conclusion that Chief Harold’s death did not occur in the line of duty:

(1) Chief Harold’s death was not the result of a line of duty action, which he was obligated or authorized to perform while off duty.

(2) Chief Harold’s death resulted from his gross negligence in the handling of his police revolver.

On October 30, 1978, plaintiff requested LEAA to reconsider the program director’s decision. LEAA assented to this request and a hearing was held on plaintiffs claim on January 10, 1979. The hearing officer issued a decision on May 14, 1979, in which he affirmed the program director’s determination that Chief Harold’s death did not occur in the line of duty. The hearing officer based his affirmance solely on his finding that Chief Harold was grossly negligent in his handling of his weapon. He reasoned that by virtue of the commentary to section 32.2(c) of the regulations, the death was not sustained in the line of duty. He specifically rejected the other basis of the program director’s initial determination, i.e., that Chief Harold’s death did not result from an action which he was required to perform while off duty. Rather, the hearing officer found that because of the small size of the Aldan police force "it was an unwritten rule of the police department that the policemen were to clean their weapons at home.” Therefore, he concluded that in this sense, Chief Harold’s death did occur in the line of duty.

Plaintiff appealed the decision of the hearing officer to the LEAA administrator, who, on August 10,1979, affirmed the hearing officer’s decision. Specifically, the administrator found that "but for the gross negligence in the handling of his weapon that resulted in his death, [Chief Harold’s] action in cleaning his weapon at home while off duty would have been in the 'line of duty’ * * *.” Plaintiff then brought this suit.

[172]*172III.

Plaintiff concedes for purposes of this action that Chief Harold was grossly negligent in his handling of his police revolver. As a consequence, the sole issue here is the validity of the administrator’s determination that Chief Harold’s gross negligence placed his activities outside of the line of duty. Since the only cited basis for this determination was the commentary to section 32.2(c) of the regulations, we must decide whether this commentary comports with the meaning attached by Congress to the term "line of duty” when it enacted the Public Safety Officers’ Benefits Act of 1976.

The starting point for any inquiry into the meaning of a statute is of course the language used by Congress in the statute. St. Paul Fire & Marine Ins. Co. v. Barry, 438 U.S. 531, 541 (1978); Ampex Corporation v. United States, 223 Ct. Cl. 428, 435, 620 F. 2d 853, 857 (1980). Defendant does not dispute the fact that the Public Safety Officers’ Benefits Act contains no provision which explicitly debars the payment of a death benefit to the survivors of a law enforcement officer when his death is caused by his own gross negligence. Indeed, to the extent that the language of the statute supports any speculation regarding the Congressional intent on this question, it suggests just the opposite.

In section 3796a Congress specifically delineated three sets of circumstances in which the payment of death benefits would be barred.

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Bluebook (online)
634 F.2d 547, 225 Ct. Cl. 168, 1980 U.S. Ct. Cl. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harold-v-united-states-cc-1980.