Sheridan v. United States , 108 S. Ct. 2449 ( 1988 )

Justice White,

concurring.

In United States v. Shearer, 473 U. S. 52 (1985), four Justices, including myself, were of the view that 28 U. S. C. § 2680(h) barred recovery for damage caused from an assault by a Government employee said to be the result of a negligent act by another employee. But we did not address whether the assaulter was acting within the scope of his employment or whether that factor made a difference in applying the § 2680(h) exclusion. In any event, to the extent the views I shared there are inconsistent with my present understanding, I think the Court’s opinion, which I join, has the better of it.