United States v. Johnson, Personal Representative of the Estate of Johnson

Summary

The Court held that the Federal Tort Claims Act does not permit a suit on behalf of a service member killed while performing an activity incident to service, even when the alleged negligence was committed by civilian federal employees. Because Johnson was killed during a Coast Guard rescue mission and his survivors received statutory veterans' benefits, the service-related injury fell within the established bar, requiring reversal of the Court of Appeals and remand. Justice Scalia, joined by Justices Brennan, Marshall, and Stevens, dissented, arguing that the statute does not exempt service members from such claims and that the Court should not extend the existing doctrine to civilian negligence.