United States v. Olsen

546 U.S. 43 (2005)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Olsen (P), two injured mine workers (and a spouse), sued P claiming that the negligence of federal mine inspectors helped bring about a serious accident at an Arizona mine. The Federal District Court dismissed the lawsuit because Arizona law would impose liability upon a private person in similar circumstances. The Ninth Circuit, reversed holding that, where “‘unique governmental functions’” are at issue, the Act waives sovereign immunity if “‘a state or municipal entity would be [subject to liability] under the law […] where the activity occurred.’ D appealed.