Timothy Taylor v. US
Split Score
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Case Summary
Disposition
Affirmed
Timothy Dashaun Taylor sued the United States under the Federal Tort Claims Act, alleging that FBI agents knowingly pursued him for a kidnapping-murder he did not commit. The Fourth Circuit affirmed the district court’s dismissal, holding that Taylor forfeited any challenge to the discretionary-function-exception ground that deprived the court of subject-matter jurisdiction.
Circuit Split Identified
Legal Issue
Whether the FTCA’s discretionary function exception shields federal officials when the challenged conduct is alleged to be unconstitutional.
Circuit Positions
Unconstitutional conduct is not protected by the FTCA discretionary function exception.
The discretionary function exception applies even to unconstitutional conduct.
Conflict Summary
Six circuits (including the Fourth) hold that federal officials have no discretion to commit unconstitutional acts, so such conduct falls outside the discretionary function exception; the Seventh and Eleventh Circuits conclude that the exception may still bar FTCA claims even when the alleged conduct violates the Constitution.