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WESTFALL v. ERWIN

No. 86-714.

484 U.S. 292 (1988)

WESTFALL ET AL. v. ERWIN ET UX.

Supreme Court of United States.

Decided January 13, 1988

Attorney(s) appearing for the Case

Deputy Solicitor General Ayer argued the cause for petitioners. With him on the briefs were Solicitor General Fried, Assistant Attorney General Willard, Andrew J. Pincus, Barbara L. Herwig, and Larry L. Gregg.

M. Clay Alspaugh argued the cause and filed a brief for respondents.

JUSTICE MARSHALL delivered the opinion of the Court.

Respondent William Erwin and his wife respondent Emely Erwin brought a state-law tort suit against petitioners, federal employees in the Executive Branch, alleging that he had suffered injuries as a result of petitioners' negligence in performing official acts. The issue presented is whether these federal officials are absolutely immune from liability under state tort law for conduct within the scope of their employment...

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