FTCA Exclusive Remedy for Damages Claims against Public Health Service

Hui v. Castaneda, 559 U.S. ___, 130 S. Ct. 1845, 2010 U.S. LEXIS 3676 (May 3, 2010)

In a unanimous decision, the Supreme Court held that a suit against the United States under the Federal Tort Claims Act (FTCA) is the exclusive remedy for claims arising from medical care and related functions provided by Public Health Service (PHS) personnel acting within the scope of their employment. The damages suit was brought by the heir and representative of a former ICE detainee who died of cancer at the age of 36 after allegedly receiving inadequate medical care by PHS personnel that amounted to malpractice and a violation of his constitutional rights. The plaintiffs had brought claims under both the FTCA and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Under Bivens, plaintiffs can seek punitive damages and demand a jury trial. The Ninth Circuit allowed the Bivens action to go forward, but the defendants sought review from the Supreme Court. The Court granted certiorari to resolve a circuit split regarding whether the FTCA forecloses Bivens actions against PHS personnel.

The Court’s analysis focused on the text of § 233(a) of the FTCA. The Court found that the explicit language of this provision grants absolute immunity to PHS officers and employees. Plaintiffs only may seek recovery for actions taken by PHS officers and employees by suing the United States under the FTCA. The Court concluded that its reading of § 233(a) was not undermined by the fact that that provision preceded the Court’s decision in Bivens.

Read the opinion.