United States Fourth Circuit

The Federal Tort Claims Act does not waive the United States' immunity against liability for violation of its own statutes, absent specific language in the substantive federal statute allegedly giving rise to the duty.

Appellate Information

• Decided 03/02/2001
• Published 03/02/2001

Judges

• Before WILKINS and NIEMEYER, Circuit Judges, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Norman Barrett Smith, Smith, James, Rowlett & Cohen, L.L.P., Greensboro, NC, for Appellant. John Samuel Koppel, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellee.   ON BRIEF:  David W. Ogden, Acting Assistant Attorney General, Mark T. Calloway, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee.  Marshall L. Dayan, Unti, Lumsden & Smith, Raleigh, NC;  Seth Jaffe, Staff Attorney, American Civil Liberties Union of North Carolina, Raleigh, NC, for Amicus Curiae.