Project MKUltra is the code name given to a program of experiments on human subjects that were designed and undertaken by the U.S. Central Intelligence Agency (CIA), some of which were illegal. Experiments on humans were intended to develop procedures and identify drugs such as LSD to be used in interrogations in order to weaken the individual and force confessions through brainwashing and psychological torture. The project was organized through the Office of Scientific Intelligence of the CIA and coordinated with the United States Army Biological Warfare Laboratories. Other code names for drug-related experiments were Project Bluebird and Project Artichoke.
Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by the Federal Bureau of Narcotics. The victim of such a deprivation could sue for the violation of the Fourth Amendment itself despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied by the importance of the right violated.
The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property of the landowner.
Dolan v. United States Postal Service, 546 U.S. 481 (2006), was a case decided by the Supreme Court of the United States, involving the extent to which the United States Postal Service has sovereign immunity from lawsuits brought by private individuals under the Federal Tort Claims Act. The Court ruled that an exception to the FTCA that barred liability for the "negligent transmission of mail" did not apply to a claim for injuries caused when someone tripped over mail left by a USPS employee. Instead, the exception only applied to damage caused to the mail itself or that resulted from its loss or delay.
Hartman v. Moore, 547 U.S. 250 (2006), is a decision by the Supreme Court of the United States involving the pleading standard for retaliatory prosecution claims against government officials. Following a successful lobbying attempt by the CEO of a manufacturing company against competing devices that the United States Postal Service supported, the CEO found himself the target of an investigation by U.S. postal inspectors and a criminal prosecution, which was dismissed for lack of evidence. The CEO then filed suit against the inspectors and other government officials for seeking to prosecute him in retaliation for exercising his First Amendment rights to criticize postal policy. The Court ruled, 5-2, that in order to prove that the prosecution was caused by a retaliatory motive, the plaintiff bringing such a claim must allege and prove that the criminal charges were brought without probable cause.
From 1948 to 1975, the U.S. Army Chemical Corps conducted classified human subject research at the Edgewood Arsenal facility in Maryland. The purpose was to evaluate the impact of low-dose chemical warfare agents on military personnel and to test protective clothing, pharmaceuticals, and vaccines. A small portion of these studies were directed at psychochemical warfare and grouped under the prosaic title of the "Medical Research Volunteer Program" (1956–1975). The MRVP was also driven by intelligence requirements and the need for new and more effective interrogation techniques.
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.
The Kano trovafloxacin trial litigation arose out of a clinical trial conducted by the pharmaceutical company Pfizer in 1996 in Kano, Nigeria, during an epidemic of meningococcal meningitis. To test its new antibiotic, trovafloxacin (Trovan), Pfizer gave 100 children trovafloxacin, while another 100 received the gold-standard anti-meningitis treatment, ceftriaxone, a cephalosporin antibiotic. Pfizer gave the children a substantially reduced dose of the ceftriaxone relative to that described on the US FDA-approved prescribing information. The allegation is that this was done to skew the test in favor of its own drug. Pfizer claimed that the dose used was sufficient even though a clinical trial performed by Médecins Sans Frontières recommends a dose of 50-100mg/kg.
Saucier v. Katz, 533 U.S. 194 (2001), was a United States Supreme Court case in which the Court considered the qualified immunity of a police officer to a civil rights case brought through a Bivens action.
Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), was a United States Supreme Court case involving the Alien Tort Statute and the Federal Tort Claims Act.
Ali v. Federal Bureau of Prisons, 552 U.S. 214 (2008), was a United States Supreme Court case, upholding the United States's sovereign immunity against tort claims brought when "any law enforcement officer" loses a person's property.
The Federal Tort Claims Act ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Historically, citizens have not been able to sue their state—a doctrine referred to as sovereign immunity. The FTCA constitutes a limited waiver of sovereign immunity, permitting citizens to pursue some tort claims against the government.
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case in which the Court held that top government officials were not liable for the actions of their subordinates without evidence that they ordered the allegedly discriminatory activity. At issue was whether current and former federal officials, including FBI Director Robert Mueller and former United States Attorney General John Ashcroft, were entitled to qualified immunity against an allegation that they knew of or condoned racial and religious discrimination against individuals detained after the September 11 attacks. The decision also "transformed civil litigation in the federal courts" by making it much easier for courts to dismiss individuals' suits.
United States v. Johnson, 481 U.S. 681 (1987), was a United States Supreme Court case in which the Court barred the widow of a serviceman killed while piloting a helicopter on a United States Coast Guard rescue mission from bringing her claim under the Federal Tort Claims Act. The decision was based upon the Supreme Court's holding in Feres v. United States (1950): "[T]he Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service."
David Charles Frederick is an appellate attorney in Washington, D.C., and is a partner with Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Sheridan v. United States, 487 U.S. 392 (1988), was a U.S. Supreme Court case concerning what constitutes a claim "arising out of" an assault or battery within the meaning of the Federal Tort Claims Act (FTCA). The Supreme Court held that the FTCA's intentional tort exception did not apply.
Millbrook v. United States, 569 U.S. 50 (2013), is a decision by the Supreme Court of the United States that holds that the Federal Tort Claims Act (FTCA) waives the sovereign immunity of the United States for certain intentional torts committed by law enforcement officers. The unanimous opinion, delivered by Justice Clarence Thomas, holds that law enforcement "employment" duties are not limited to searches, seizures of evidence, or arrests, and, as such, the petitioner can sue. As this case revolved around sovereign immunity waivers and not the merits, the Court did not decide upon the merits of the lawsuits.
Saleh v. Bush, 848 F.3d 880, was a class action lawsuit filed in 2013 against high-ranking members of the George W. Bush administration for their alleged involvement in premeditating and carrying out the Iraq War. In December 2014, the district court hearing the case ordered it dismissed with prejudice. The dismissal was affirmed by the United States Court of Appeal for the Ninth Circuit.
Simmons v. Himmelreich, 578 U.S. ___ (2016), was a United States Supreme Court case regarding inmates suing under the Federal Tort Claims Act (FTCA).
The Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for the government, while giving civilians a route to seek damage from the governments for violations. The law was passed in response to the United States Supreme Court's decision in Westfall v. Erwin, 484 U.S. 292 (1988), which had created a precedent that left federal employees open to liability to civil suits for actions they took while performing their duties for the government.
