Castro v. United States

Disclosure: Howe & Russell and Akin Gump represent the petitioner in this case.

Issue: (1) Whether the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a), applies to acts by federal employees that exceed the scope of their statutory or constitutional authority; and (2) even if governmental conduct would otherwise fit within the discretionary function, whether the law enforcement proviso of the Federal Tort Claims Act, 28 U.S.C. § 2680(h) -- which authorizes suits based on an enumerated list of common-law torts if those torts are committed by federal law enforcement officers -- nonetheless permits a plaintiff to proceed.

Briefs and Documents

Certiorari-stage documents

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply