Basso v. United States
239 U.S. 602 (1916)

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U.S. Supreme Court

Basso v. United States, 239 U.S. 602 (1916)

Basso v. United States

No. 143

Argued January 6, 1916

Decided January 17, 1916

239 U.S. 602

Syllabus

The rule that the Court of Claims has not jurisdiction of actions founded on tort is based on a policy imposed by necessity that governments are not liable for unauthorized wrongs inflicted on the citizens by their officers, even though occurring while engaged in discharge of official duties. Schillinger v. United States,155 U. S. 163. Congress has wisely reserved to itself the right to give or withhold relief where the claim is founded on the wrongful proceedings of an officer of the government. Schillinger v. United States,155 U. S. 163.

Neither Dooley v. United States,182 U. S. 222, nor United States v. Lynah,188 U. S. 445, sustaining jurisdiction of the Court of Claims in cases respectively to recover sums wrongfully exacted for taxes and for compensation for property taken for public purposes, overrules,

Page 239 U. S. 603

or is antagonistic to, Schillinger v. United States,155 U. S. 163, which is subsisting authority of this Court that the Court of Claims has no jurisdiction of an action for a claim for private injury to an individual through the tortious act of an officer of the United States.

49 Ct.Cl. 702 affirmed.

The facts, which involve the jurisdiction of the Court of Claims in cases founded on a tort of an officer of the United States, are stated in the opinion.

Page 239 U. S. 604

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