Page:United States Reports 546.pdf/257

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546US1

46

Unit: $$U6

[09-04-08 12:09:02] PAGES PGT: OPIN

UNITED STATES v. OLSON Opinion of the Court

or municipal entity,” would be liable. 28 U. S. C. § 1346(b)(1) (emphasis added). Our cases have consistently adhered to this “private person” standard. In Indian Towing Co. v. United States, 350 U. S. 61, 64 (1955), this Court rejected the Government’s contention that there was “no liability for negligent performance of ‘uniquely governmental func­ tions.’ ” It held that the Act requires a court to look to the state-law liability of private entities, not to that of public entities, when assessing the Government’s liability under the FTCA “in the performance of activities which private per­ sons do not perform.” Ibid. In Rayonier Inc. v. United States, 352 U. S. 315, 318–319 (1957), the Court rejected a claim that the scope of FTCA liability for “ ‘uniquely govern­ mental’ ” functions depends on whether state law “imposes liability on municipal or other local governments for the neg­ ligence of their agents acting in” similar circumstances. And even though both these cases involved Government ef­ forts to escape liability by pointing to the absence of munici­ pal entity liability, we are unaware of any reason for treating differently a plaintiff ’s effort to base liability solely upon the fact that a State would impose liability upon a municipal (or other state governmental) entity. Indeed, we have found nothing in the Act’s context, history, or objectives or in the opinions of this Court suggesting a waiver of sovereign im­ munity solely upon that basis. B The Ninth Circuit’s second premise rests upon a reading of the Act that is too narrow. The Act makes the United States liable “in the same manner and to the same extent as a private individual under like circumstances.” 28 U. S. C. § 2674 (emphasis added). As this Court said in Indian Tow­ ing, the words “ ‘like circumstances’ ” do not restrict a court’s inquiry to the same circumstances, but require it to look further afield. 350 U. S., at 64; see also S. Rep. No. 1400, 79th Cong., 2d Sess., 32 (1946) (purpose of FTCA was to