United States Fourth Circuit

In a contract security officer's suit under the Federal Tort Claims Act against the United States for assault by a Pentagon police officer occurring at a security checkpoint for Pentagon employees, the district court's grant of summary judgment to the United States on grounds of sovereign immunity is reversed, where 28 USC section 2680(h) waives the United States' sovereign immunity regardless of whether an officer is engaged in an investigative or law enforcement activity when he or she commits an assault.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Floyd

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Stephen Michael Terpak, R. Joseph Sher