Barrier v. United States: Reversing Summary Judgment on Scope of Employment

This episode details a legal appeal before the Fifth Circuit Court of Appeals concerning a personal injury lawsuit filed under the Federal Tort Claims Act. The case involves a Customs and Border Protection agent who struck a pedestrian with his vehicle while leaving a station to pick up donated supplies for a union-related errand. Initially, a lower court granted summary judgment for the government, ruling the agent was not acting within the scope of his employment at the time of the accident. However, the appellate court reversed this decision, finding that material questions of fact exist regarding whether the agent was on a "special mission" that benefited his employer. The court concluded that a jury must determine if the agent’s union duties and the specific errand fell under his official responsibilities. Consequently, the case has been remanded for further trial proceedings to resolve the dispute over federal liability.