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Fed Law Bars Plaintiff's Suit vs. Air Traffic Controllers

August 19, 2005

The Federal Tort Claims Act (FTCA) doesn't allow suits against the U.S. government arising from alleged negligence of air traffic controllers employed by the government's independent contractor, the 7th U.S. Circuit Court of Appeals held in Alinsky v. USA (No. 04-2877).

Two planes crashed, killing all on board, while receiving air traffic services from Meigs Field Air Traffic Control Tower, operated by a private contractor to the Federal Aviation Administration. The estates of the deceased sued the federal government pursuant to the Federal Tort Claim Act. The FTCA provides a waiver of the federal government's sovereign immunity for claims for death caused by the negligence of any employee of the government acting within the scope of his employment.

The FTCA's definition of employee includes federal agency employees but excludes contractors. The plaintiffs alleged that the government has a nondelegable duty to provide air traffic control services and was thus responsible for the negligence of the controller. An Illinois federal court granted the U.S. summary judgment on some claims and ruled in its favor on others after trial.

The 7th Circuit affirmed, saying that the district court lacked jurisdiction to consider claims against the U.S. based on the controller's negligence, because the controller wasn't a government employee. The court also rejected the argument that the FAA lacked authority to contract with private organizations to provide air traffic control services.