Question

On the Internet, find a case where someone has successfully sued the US government under the Federal Tort Claims Act. What kind of case was it? Did the government argue sovereign immunity? Does sovereign immunity even make sense to you?

Answer 1

Sovereign doctrine is a judicial doctrine that prevents government departments, subdivision, and agencies from being sued without their consent. It applies to federal and state government but not the municipalities. It stems from the English principle that monarch can do no wrong.

Thacker vs. Tennessee Valley Authority

The case was argued before the Supreme Court on January 14, 2019. On April 29, 2019, the US supreme court reversed and remanded the judgment United states court of appeals for the 11^th circuit holding that Tennessee Valley Authority’s are “subject to suits challenging any of its commercial activities”

The facts:

On July 30, 2013, two individuals Gary Thacker and Anthony were fishing on the Tennessee River. At the same time, TVA (Tennessee Valley authorities) was trying to raise a downed power line from the river. Their boat came through the area as TVA was raising the power line. They were hit by the conductor. Thacker was seriously injured and Anthony was killed instantaneously. Thacker and his wife sued TVA for negligence. The district court dismissed the case citing sovereign immunity and the court of appeals also affirmed.

The issue is if United states court of appeals for the 11^th circuit made a mistake by taking decision-based on using “discretionary function exception” from federal tort claims act. The US enjoys sovereign immunity from a suit unless it unequivocally waives its immunity. TVA is a corporate agency authorized to the commercial activity of power generation and the TVA act states “that TVA may sue and may be sued in its corporate name”. The circuit court stated that TVA was involved in government function when the incident took place. Therefore they cannot be sued because of discretionary function exception.

Conclusion:

The supreme court reversed and remanded the ruling of the United States court of appeals for the 11^th circuit stating that TVA can be sued to challenge any of its commercial activities.

My opinion on sovereign immunity:

Sovereign immunity does not make sense to me as it might encourage negligence in their activities as the government bodies are given immunity under this act. The government bodies may become negligent and may not exercise the necessary care or take precaution as they cannot be sued.