Historically, states were responsible for most policing. Id. Brownback argues that consistent with the purpose of the statute, Section 2676 of the FTCA bars King from pursuing his Bivens action. The Supreme Court heard the case but, at IJs urging, refused to recognize the new immunity requested by the government. The officers thus would have been entitled to state qualified immunity had Michigan tort claims been brought against them. Brownback v. King Update - The Campaign To End Qualified Immunity mental immunity from intentional torts * * * under state law in this case"); 58a (dismissing King's Section 1983 claim because the ofcers "acted under color of federal law"), 59a-69a (granting the ofcers qualied immunity on King's Bivens claims).2 2 At the ofcers' urging, the Court also suggested that King Id. And whenthe two men caught up with him and beat him mercilessly, James fought for his life to escape before they choked him unconscious. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. Read about IJs most important work with stories directly from the people in the trenches. But res judicata comprises two distinct doctrines. Ibid. argued before the United States Supreme Court. But where, as here, pleading a claim and pleading jurisdiction entirely overlap, a ruling that the court lacks subject-matter jurisdiction may simultaneously be a judgment on the merits that triggers the judgment bar.8 A dismissal for lack of jurisdiction is still a judgment. See Restatement of Judgments 49, Comment a, at 193194 (discussing judgment . 28 U.S.C. 2674; see also 1346(b). An FBI joint task force of federal and city law enforcement officers believed that King, - November 9, 2020 . Under the common law, judgments were preclusive with respect to issues decided as long as the court had the power to decide the issue. at 2728. See Blacks Law Dictionary, at 37 (defining action as a civil or criminal judicial proceeding); Blacks Law Dictionary 43 (3d ed. Updated February 5, 2020. See Pfander, 8 U. St.Thomas. Brownback maintains that Congress intended the judgment bar to reflect the statutes remedial compromise. Id. That provision states: The judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim. 2676.