Yesterday, the Supreme Court of the United States granted certiorari in one case:
Martin v. United States, No. 24-362: An FBI SWAT team executed a no-knock search warrant at Petitioners’ house, which was not the address identified in the warrant, and Petitioners brought an action against the FBI agents under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act. The questions presented are: 1) Whether the Constitution’s Supremacy Clause bars claims under the Federal Tort Claims Act when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law, and 2) Whether the discretionary-function exception is categorically inapplicable to claims arising under the law enforcement proviso to the intentional torts exception.
