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United States v. Olson

United States Supreme Court

546 U.S. 43 (2005)

Relevant factsFree

Olson (plaintiff), an injured mine worker, sued the United States under the Federal Tort Claims Act (FTCA), alleging a federal mine inspector's negligence contributed to a mine accident; the district court dismissed after finding Arizona law would not necessarily hold a private person liable on these facts, but the Ninth Circuit reversed, reasoning that federal mine inspection was a "unique governmental function" with no private-sector equivalent, and that the FTCA waives immunity wherever a state or municipal entity would be liable under like circumstances.

IssueFree

Whether, under the Federal Tort Claims Act, the United States waives sovereign immunity under circumstances where local law would make a private person liable in tort.

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