Episode
The Duty of Protection in Federal Tort Supervision
- Podcast
- Swear on the Stand
- Published
- May 22, 2026
- Duration seconds
- 2550
- Processing state
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Actions
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Summary
This episode details a decision by the Fifth Circuit Court of Appeals regarding a lawsuit filed by Brittany Morris against the United States under the Federal Tort Claims Act . Morris sued for negligence after a federal probation officer promised to protect her from her violent ex-boyfriend but failed to expedite an arrest warrant, resulting in an attack that left Morris a quadriplegic . While a lower court initially dismissed the case by citing a legal exception for misrepresentations , the appellate court reversed this ruling. The judges determined that the officer’s failure to perform the operational task of securing the warrant was a distinct act of negligence not shielded by government immunity. Consequently, the court ruled that the lawsuit could proceed, emphasizing that the failure to act after promising safety was not a protected discretionary policy decision .