The Duty of Protection in Federal Tort Supervision

This episode details a decision by the Fifth Circuit Court of Appeals regarding a lawsuit filed by Brittany Morris against the United States under the Federal Tort Claims Act. Morris sued for negligence after a federal probation officer promised to protect her from her violent ex-boyfriend but failed to expedite an arrest warrant, resulting in an attack that left Morris a quadriplegic. While a lower court initially dismissed the case by citing a legal exception for misrepresentations, the appellate court reversed this ruling. The judges determined that the officer’s failure to perform the operational task of securing the warrant was a distinct act of negligence not shielded by government immunity. Consequently, the court ruled that the lawsuit could proceed, emphasizing that the failure to act after promising safety was not a protected discretionary policy decision.