Shuler v. United States

Charles Shuler (plaintiff) worked as a confidential informant for the United States (defendant). One day, Shuler informed the Federal Bureau of Investigation (FBI) about the location of Kevin Gray, a known drug-trafficking boss. Shuler was the only person who knew where Gray was, so he asked the FBI not to arrest Gray immediately, fearing that his cover would be blown. Despite Shuler’s request and concerns, the FBI arrested Gray right away and sent Shuler back into Gray’s group to continue making drug deals, promising to protect him. Shuler did as requested and was shot in the back after Gray ordered that he be killed. Shuler was left permanently paralyzed. Shuler presented a claim to the Department of Justice, which was denied. Shuler then filed suit in a federal district court for negligence against the United States government, alleging that it owed him a duty to safeguard his identity and that the breach of this duty, through its hasty arrest of Gray and its failure to protect him as promised, proximately caused his substantial damages. The United States sought dismissal, asserting that the district court lacked subject-matter jurisdiction to decide Shuler’s case under the Federal Tort Claims Act (FTCA) pursuant to the act’s discretionary-function exception. Shuler’s claim was dismissed pursuant to the discretionary-function exception of the FTCA. Shuler moved unsuccessfully to have the district court’s ruling altered or amended. Shuler appealed.