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Basso v. United States, 239 U.S. 602 (1916)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Basso v. United States, 239 U.S. 602 (1916)
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Basso v. United States No. 143 Argued January 6, 1916 Decided January 17, 1916 239 U.S. 602
APPEAL FROM THE COURT OF CLAIMS
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, 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.
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Chicago: U.S. Supreme Court, "Syllabus," Basso v. United States, 239 U.S. 602 (1916) in 239 U.S. 602 239 U.S. 603–239 U.S. 604. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MFLH91BR11C1LYA.
MLA: U.S. Supreme Court. "Syllabus." Basso v. United States, 239 U.S. 602 (1916), in 239 U.S. 602, pp. 239 U.S. 603–239 U.S. 604. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MFLH91BR11C1LYA.
Harvard: U.S. Supreme Court, 'Syllabus' in Basso v. United States, 239 U.S. 602 (1916). cited in 1916, 239 U.S. 602, pp.239 U.S. 603–239 U.S. 604. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MFLH91BR11C1LYA.
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