Simmons v. Himmelreich

There is no categorical exclusion of the exemptions under the FTCA.

Petitioners, individual employees of a prison, argue that the FTCA provides that the judgment bar provision does not apply to one of the exceptions to the FTCA. Respondent is a prisoner who was assaulted by other prisoners within the prison system. He brought suit for his damages. The judgment bar provision of the FTCA provides that once a judgment has been entered, a plaintiff cannot file another claim under the same factual scenario. There are certain exceptions to this provision. The judgment provision does apply to the exceptions sections. A plain text reading of the judgment provision supports this holding. Smith does not explicitly discuss the language in the exceptions provision and the court found that the rationale for the FTCA was supported by this provision. Petitioner’s possible issues which may occur in the vent the provision is read into the exceptions section is not persuasive. The exclusions do not apply to all portions of the exceptions section of the FTCA.

Affirmed.