Supreme Court of the United States
United States v. Olson
November 8, 2005546 U.S. 43
Summary
The Supreme Court held that the Federal Tort Claims Act waives sovereign immunity only when local law would make a private person liable, not merely when a state or municipal entity would be liable for a unique governmental function. The Court rejected Ninth Circuit precedent that allowed liability based on state/municipal entity liability for unique functions. The judgment was vacated and remanded for the lower courts to determine which Arizona tort law doctrine applies given private person analogies for mine inspections.