Martin, Individually and As Parent and Next Friend of G. W., a Minor, et al. v. United States et al.
No. 24-362 · Decided June 12, 2025 · Vacated and remanded
Does the law enforcement proviso in 28 U. S. C. § 2680(h) override all exceptions in § 2680, including the discretionary-function exception in § 2680(a)? The law enforcement proviso in 28 U. S. C. § 2680(h) applies only to the intentional-tort exception and not to other exceptions in § 2680, and the Supremacy Clause does not provide a defense for the United States in FTCA suits.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT · Argued April 29, 2025
Parties — Petitioner: MARTIN, individually and as parent and next friend of G. W., a minor, et al. · Respondent: UNITED STATES et al.
Vote & lineup9–0 (unanimous) on the judgment. Gorsuch delivered the opinion for a unanimous Court (9). Concurrence(s): Sotomayor (joined by Jackson).
Who prevailed — The petitioners prevailed on the issue of the Supremacy Clause defense, while the respondent prevailed on the scope of the law enforcement proviso.
The question

Does the law enforcement proviso in 28 U. S. C. § 2680(h) override all exceptions in § 2680, including the discretionary-function exception in § 2680(a)? Does the Supremacy Clause afford the United States a defense to avoid liability in suits brought under the Federal Tort Claims Act (FTCA)? Whether these interpretations determine if the government is immune from damages resulting from a wrong-house raid.

Petitioner's argument
  • The law enforcement proviso mirrors the language of § 2680's lead-in clause, suggesting Congress intended it to have the final word regarding all exceptions in that section.
  • The first sentence of the proviso contains no limiting language, implying its application extends beyond subsection (h).
  • Legislative history, including a committee report on wrong-house raids, indicates Congress intended to ensure such victims could seek damages regardless of other statutory exceptions.
Respondent's argument
  • The law enforcement proviso is limited to the intentional-tort exception in § 2680(h) and does not override the discretionary-function exception in § 2680(a).
  • Not stated.
  • Not stated.
The decision
  • The law enforcement proviso in 28 U. S. C. § 2680(h) overrides only the intentional-tort exception within that subsection, not the discretionary-function exception or other exceptions throughout § 2680.
  • Statutory provisos generally modify only the provisions in which they appear, relying on *McDonald v. United States* and *Alaska v. United States*.
  • The proviso is structurally discrete from other subsections; it appears in the same sentence as the intentional-tort exception and addresses the same subject matter (intentional torts), unlike exceptions covering lost mail or combat injuries.
  • The definition of "investigative or law enforcement officer" within § 2680(h) is expressly limited to "this subsection."
  • The Supremacy Clause does not provide a defense for the United States in FTCA suits because the FTCA is the exclusive remedy and incorporates state law as the liability standard under 28 U. S. C. § 1346(b)(1).
  • Because the FTCA subjects the government to liability on the same terms as a "private individual under like circumstances" under 28 U. S. C. § 2674, there is typically no conflict between federal and state law for the Supremacy Clause to resolve.
  • The Eleventh Circuit's reliance on *In re Neagle* was misplaced because that case concerned a federal officer's immunity from state criminal prosecution, not civil liability under a statute that expressly subjects the government to state tort law.
Separate opinions
Sotomayor, concurring (joined by Jackson)
  • Argues that the discretionary-function exception should be applied using the two-part test from *United States v. Gaubert* and *Berkovitz v. United States*, which requires both an element of judgment and a basis in public policy.
  • Contends that negligent conduct—such as failing to check street signs before a raid—does not involve the kind of policy judgments the exception was designed to protect.
  • Invokes the "historical backdrop" of the Collinsville raids and S. Rep. No. 93–588 to argue that Congress intended for victims of wrong-house raids to have a cause of action.