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Purcell v. United States | 656 F.3d 463 (2011)
Passed in nineteen forty-six, the Federal Tort Claims Act waived the federal government’s sovereign immunity for civil tort claims. Until that time, tort claims against the United States were almost completely barred. But the act excludes certain claims, and the courts have created additional exceptions, particularly regarding members of the military. Purcell versus United States addressed one such exception.
Christopher Purcell was serving on active duty in the Navy at the Brunswick Naval Air Station. One evening, someone notified base security that Purcell had a gun and was threatening to kill himself. Naval and Department of Defense personnel went to Purcell’s on-base apartment. They searched the premises but didn’t find a gun although they did find evidence that Purcell had one. Purcell was calm at first but became angry and resistant when he learned he would be restrained. After struggling with Purcell, the responding officers managed to handcuff him. An officer uncuffed one of Purcell’s hands to allow him to go to the bathroom with a friend. In the bathroom, Purcell pulled a gun from his waistband and shot himself in the chest, killing himself.
After Purcell’s suicide, two of the responding officers were court-martialed for failing to properly search and supervise Purcell. Purcell’s father, Michael Purcell, sued the United States under the Federal Tort Claims Act, alleging that the responding officers negligently failed to comply with military regulations and standard operating procedures. The district court dismissed the complaint. Michael appealed to the Seventh Circuit.
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