United States v. James
| Citation | 478 U.S. 597,92 L.Ed.2d 483,106 S.Ct. 3116 |
| Decision Date | 02 July 1986 |
| Docket Number | No. 85-434,85-434 |
| Parties | UNITED STATES, Petitioner v. Charlotte JAMES et al |
| Court | U.S. Supreme Court |
This litigation arose from serious accidents that occurred in the reservoirs of federal flood control projects in Arkansas and Louisiana. In both accidents, recreational users (water-skiers in Arkansas and a fisherman in Louisiana) of the reservoirs were injured or drowned when they were swept through retaining structures after those structures were opened by the United States Corps of Engineers to control flooding. Separate actions were brought in Federal District Court against the United States under the Federal Tort Claims Act. In the Arkansas case, the court held that although Government agents had willfully and maliciously failed to warn of a known danger, the Government was immune from damages under 33 U.S.C. § 702c, which provides in part that "[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place." In the Louisiana case, the court similarly granted summary judgment for the United States despite the Government's concession that it negligently failed to warn of the danger from the current caused by open gates. In a consolidated appeal, the Court of Appeals reversed the judgments, holding that Congress intended § 702c to immunize the Government from liability for damage resulting directly from construction of flood control projects and for flooding caused by factors beyond the Government's control, but had not intended to shield the negligent or wrongful acts of Government employees either in the construction or continued operation of flood control projects, including the failure to warn the public of hazards to their use of reservoirs.
Held: Section 702c bars recovery against the Government in these cases. Pp. 604-612.
(a) On its face, § 702c's language covers the accidents at issue. The ordinary meaning of the word "damage" covers injury to both property and person and cannot be considered ambiguous in that it might refer only to damage to property. Moreover, the language "any damage" and "liability of any kind" undercuts a narrow construction. Nor do the words "flood" and "flood waters" create any uncertainty in the context of these accidents. Those words apply to all waters contained in or carried through a federal flood control project for purposes of or related to flood control, as well as to waters that such projects cannot control. The waters here clearly fall within the statute's ambit. Pp. 604-605.
(b) The statute's legislative history fully supports attributing to its unambiguous words their ordinary meaning. Pp. 606-608.
(c) There is little in the legislative history or otherwise to support the argument that § 702c was meant to bar only claims against the Government for damage to property acquired under § 702c's proviso (authorizing purchase of interests in certain properties bordering the Mississippi River) and under § 702d (), and thus would allow recovery for damages to persons or property not connected with these acquisitions. Nor is there any merit to the argument that even if § 702c is intended to grant immunity in connection with flood control projects, the Government is not entitled to immunity here because the injuries arose from Government employees' alleged mismanagement of recreational activities unrelated to flood control. The manner in which to convey warnings, including the negligent failure to do so, is part of the "management" of a flood control project. Finally, the legislative history does not support construing § 702c as immunizing the Government from liability only for property damage directly resulting from construction of flood control projects, but rather indicates Congress' intention to protect the Government from any liability for damages that might arise out of flood control. Pp. 608-612.
760 F.2d 590 (CA5 1985), reversed.
Andrew J. Pincus, New York City, for petitioner.
T. John Ward, Longview, Tex., for respondents.
This case presents the question whether the Flood Control Act's immunity provision in 33 U.S.C. § 702c, which states that "[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place," bars recovery where the Federal Government would otherwise be liable under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., for personal injury caused by the Federal Government's negligent failure to warn of the dangers from the release of floodwaters from federal flood control projects.
The present case arose from serious accidents at flood control projects in Arkansas and Louisiana. In both accidents, recreational users of the reservoirs were swept through retaining structures when those structures were opened to release waters in order to control flooding.
The project in Arkansas, Millwood Dam, was dedicated in 1966 and is located in the southwestern corner of the State. The Millwood Reservoir behind the structure is used for fishing, swimming, boating, and waterskiing. This reservoir has marinas and launching areas for small boats. The United States Government Printing Office has printed brochures that promote the recreational features of the project and encourage the public to water-ski at the Millwood Reservoir.
Enormous underwater portals set within the Millwood Dam, called "tainter gates," allow the discharge of water from the Reservoir into a spilling basin below. On June 8, 1979, the level of the Reservoir was such that the United States Corps of Engineers designated it at "flood stage." As part of the flood control function of the Millwood facility, the Corps of Engineers began to release water through the tainter gates. This release created a swift, strong current toward the underwater discharge.
Respondents Charlotte James and Kathy Butler, who were water-skiing in that area because the water appeared to be calm, fell and began drifting toward the tainter gates. Re- spondents' husbands, who were operating the ski boat, circled back to give them the towlines, apparently intending to pull them away from danger. Tr. 20-21, 166-167. Because of the swift currents, respondents were unable to hold on to the lines. Ibid. The husbands' attempts to pull respondents aboard by hand also failed because each time the current pulled the skiers out of reach. Id., at 21. Eddy Butler then dove into the water in an attempt to save his wife, but all three were pulled through the tainter gates. He drowned, and respondents James and Butler were injured. The boat, still occupied by Mr. James and his daughter Sonja, became lodged in the tainter gates, and the occupants were rescued without injury.
Respondents James and Butler filed suit in the United States District Court for the Eastern District of Texas against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. After a bench trial, the court in an unreported opinion found that a cable strung with orange buoys delineating the area of danger near the tainter gates had broken and drifted away; that white anchor buoys marking a restricted area near the dam were also out of place and consequently offered no warning to a reasonably prudent user; that the United States "knew that the dangerous condition created would result in injury to those situated as [were respondents James and Butler] if an adequate warning was not given"; and that respondents James and Butler were not negligent. The court assessed damages at $1 million for respondent Butler, and $40,000 for respondent James, stating that the case went "beyond gross negligence" and "constitute[d] a classic classroom example of a death and injuries resulting from conscious governmental indifference to the safety of the public." App. to Pet. for Cert. 66a. At the same time, however, the court concluded that although Federal Government agents had willfully and even maliciously failed to warn of a known danger, the Federal Government was immune from damages under 33 U.S.C. § 702c, a statute left unre- pealed by the Federal Tort Claims Act. See 60 Stat. 842, 846-847 (). The court accordingly denied relief.
The relevant flood control project in Louisiana, the Cortableau Drainage Structure, is located near the West Atchafalaya Basin. On May 17, 1980, the waters in the reservoir of Bayou Courtableau Basin were at flood stage, and consequently the Corps of Engineers opened the gates in the project. This created a strong current. Kenneth Clardy and his father, Joseph Clardy, were fishing in the Basin. Only two faded signs at the entrance of the drainage structure warned of the dangerous current. The boaters could not see the signs until they already had been swept past them. The boat became disabled and was drawn through the open gates of the spillway. Kenneth Clardy was thrown into the approach basin and drowned while being pulled through a 220-foot-long barrel of the drainage structure.1 His father survived without injury.
Respondent Susan Clardy, Kenneth Clardy's wife, commenced an action in the United States District Court for the Western District of Louisiana seeking damages under the Federal Tort Claims Act, alleging that the Corps of Engineers failed to post adequate warnings of the danger from the current caused by the open gates. The Federal Government conceded that it negligently failed to warn the decedent. The District Court found, however, that under Graci v. United States, 456 F.2d 20 (CA5 1971), and Florida East Coast R. Co. v. United...
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