Fifth Circuit Revives FTCA Suit Over CBP Agent Crash, Reversing US Summary Judgment
Updated
Updated · Bloomberg Law · Jul 9
Fifth Circuit Revives FTCA Suit Over CBP Agent Crash, Reversing US Summary Judgment
1 articles · Updated · Bloomberg Law · Jul 9
Summary
A Federal Tort Claims Act claim against the United States can proceed after the Fifth Circuit reversed summary judgment in a suit brought by a person struck by a CBP agent's vehicle.
The appeals court said a jury could find the agent was acting within the scope of his employment while receiving donated supplies for CBP stations.
That finding undercuts the government's win at the summary-judgment stage, sending the case back for further proceedings on the FTCA claim.