United States v. Hambleton, 12513.

Citation185 F.2d 564
Decision Date28 November 1950
Docket NumberNo. 12513.,12513.
PartiesUNITED STATES v. HAMBLETON et ux.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

J. Charles Dennis, U. S. Atty., Vaughn Evans Asst., U. S. Atty., Seattle, Wash., for appellant.

Stanley C. Soderland, George R. West, Seattle, Wash., for appellees.

Before HEALY, BONE and POPE, Circuit Judges.

POPE, Circuit Judge.

This is an appeal from a judgment rendered against the United States in an action brought under the Tort Claims Act, 60 Stat. 842-847, now Title 28 U.S.C.A. §§ 1346(b) and 2680.

One Anderson, a sergeant, assigned to the Army's Criminal Investigation Division, interviewed the plaintiff, Harriet Elizabeth Hambleton, in the course of an investigation he was making in the line of his duties. The court found, with respect to Anderson's conduct on that occasion: "On or about January 20, 1948, said William Anderson called at the home of plaintiffs at 8312-35th Avenue S. W., Seattle, Washington, while plaintiff O. E. Hambleton was absent therefrom and contacted plaintiff Harriet Elizabeth Hambleton in the course of an official investigation. Said William Anderson interrogated plaintiff Harriet Elizabeth Hambleton for a period of approximately three and one-half hours and in doing so failed to use reasonably prudent methods and due care in conducting said interrogation. He grilled her excessively and for an unreasonable length of time, subjecting her to repetitive questions and statements on delicately personal subjects not directly connected with the investigation he was conducting and generally used emotionally distressing methods which were likely to injure her body or mind or endanger her health."

Within a week after this incident Mrs. Hambleton was found in a psychotic condition, characterized by loss of memory and persecutory delusions. She was sent to a sanitarium for treatment. After about a month there, her sanity was restored. The court found that this temporary insanity, and the necessary shock treatments therefor, were the "direct and proximate result of the above-mentioned unlawful conduct" on the part of Sergeant Anderson. Judgment for $5,000, general damages, and $552.52, special damages, was entered against the United States.

Specifications made by appellant present for our consideration the contentions (1) that under the law of the State of Washington, where the acts in question occurred, no tort was committed, and (2) that even if there was a cause of action under local law, it was of a character expressly excluded from the Tort Claims Act.

It must be observed that the conduct adjudged tortious, involved acts which did not involve either physical violence, or trespass upon plaintiff's person or property. The evidence disclosed, without conflict, that Anderson obtained Mrs. Hambleton's permission to interview her; she never felt herself under any threat of force or violence and no such threats were made; Mrs. Hambleton did not object to answering the questions asked; and Anderson was not asked to leave the premises.

Thus it appears that the most that can be said of Anderson's conduct is that it was such as to cause mental suffering or emotional distress. Appellant asserts that the Washington cases hold that there can be no recovery in such cases, where the acts complained of do not invade or threaten the plaintiff's personal security.

The Washington Supreme Court has had frequent occasion to deal with the question of recovery in such cases. We think that a fair summary of the holdings in such cases is as follows: (1) Where plaintiff suffers mental or emotional distress which is caused by some negligent act of the defendant, there is no right of action, even although the mental condition in turn causes some physical injury, Stiles v. Pantages Theatre Co., 152 Wash. 626, 279 P. 112, 114;1 Corcoran v. Postal Telegraph-Cable Co., 80 Wash. 570, 142 P. 29, 30, L.R.A.1915B, 552;2 Barnes v. Bickle, 111 Wash. 133, 189 P. 998, 999;3 Kneass v. Cremation Society of Washington, 103 Wash. 521, 175 P. 172, 173, 10 A.L.R. 442;4 unless the act causing the mental fright or emotional distress also threatens an immediate physical invasion of plaintiff's personal security, that is, threatens immediate bodily harm. O'Meara v. Russell, 90 Wash 557, 156 P. 550, L.R.A.1916E, 743;5 Frazee v. Western Dairy Products, 182 Wash. 578, 47 P.2d 1037.6 (2) But where mental suffering or emotional distress is caused by a wilful act, recovery is permitted. This rule was stated in Gadbury v. Bleitz, 133 Wash. 134, 233 P. 299, 44 A.L.R. 425, as follows: "The decision that there was not sufficient evidence to take the case to the jury was based upon the ground that damages are not recoverable for mental suffering unaccompanied by physical violence, occasioned by the negligence of another. That this is the rule in this state cannot be doubted. * * * However, we have adopted the rule that if such suffering is the direct result of a willful wrong as distinguished from one that is merely negligent, then there may be a recovery." In accord is Wright v. Beardsley, 46 Wash. 16, 89 P. 172; and this distinction between negligence and wilful wrong is noted in the Stiles and Kneass cases, supra.

It thus appears that if the acts of Sergeant Anderson were done wilfully and intentionally, and not merely negligently, the alleged wrong would satisfy that requirement of the Tort Claims Act which, at the time in question, provided that such act must be committed "under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred."7

The Tort Claims Act also provided that it did not apply to "Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights." Act of Aug. 2, 1946, § 421(h), now Title 28 U.S.C.A. § 2680(h). Thus most intentional torts are excepted from the Act.

When the common law relating to assault was in a more or less static condition, the decisions made it clear that what transpired here would not constitute an assault. "Mere words do not constitute an assault unless accompanied by an offer of physical violence." Cooley on Torts, 4th Ed., § 95. But in truth, such "mere words" did not then constitute an actionable wrong. The decisions, which like the Washington cases here cited, hold that there may be liability for intentionally causing emotional distress, represent a comparatively recent growth in the law. The question is, whether this new development is in substance, and in reality, an extension of the law of assault, so that it may now be...

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15 cases
  • Gross v. U.S., 81-1519
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 23, 1982
    ...Government maintains that the intentional torts exception clearly precludes Gross' complaint. The Government cites United States v. Hambleton, 185 F.2d 564 (9th Cir. 1950), as the only authority supporting its view that the intentional torts exception precludes a suit for intentional inflic......
  • Kloepfel v. Bokor
    • United States
    • Washington Supreme Court
    • April 17, 2003
    ...is caused by a wilful act, recovery is permitted." Id. at 488-89, 418 P.2d 741 (citations omitted) (quoting United States v. Hambleton, 185 F.2d 564, 565 (9th Cir.1950)). Again in Schurk v. Christensen, 80 Wash.2d 652, 497 P.2d 937 (1972), the rule was stated: "By a long line of decisions i......
  • Sheehan v. U.S.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 16, 1990
    ...Sheehan's cause of action for intentional infliction of emotional distress because it felt bound by our holding in United States v. Hambleton, 185 F.2d 564, 567 (9th Cir.1950), that such a claim is beyond the scope of the FTCA because of the express exclusion from the act of "[a]ny claim ar......
  • Rufino v. United States
    • United States
    • U.S. District Court — Southern District of New York
    • December 1, 1954
    ...rights." 17 Jones v. U. S., 2 Cir., 207 F.2d 563; Moos v. U. S., D.C.Minn. 1954, 118 F. Supp. 275; see also U. S. v. Hambleton, 9 Cir., 1950, 185 F.2d 564, 23 A.L.R.2d 568. 18 2 Cir., 216 F.2d ...
  • Request a trial to view additional results

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