Justices to Study Immunity of U.S. Employees to Suits

The Supreme Court today agreed to study how much immunity federal employees have against being sued for personal injuries they may cause.

The justices, acting on an appeal by the Reagan Administration, said they will consider killing a lawsuit filed by a warehouseman at an Army depot in Alabama against three of his supervisors after he was injured on the job.

Administration lawyers say a 1959 high court ruling appeared to give federal workers broad protection against personal injury suits. But federal appeals courts “have developed a bewildering variety of standards” in interpreting the decision, the government’s lawyers contend.

They asked the court to review a 1985 ruling by the U.S. 11th Circuit Court of Appeals reinstating a suit by William T. Erwin, a civilian warehouseman at an Army depot in Anniston, Ala.

Vocal Cord Damage

Erwin was injured Feb. 9, 1984, when he inhaled soda ash dust that spilled from a bag he had lifted. He said he suffered chemical burns in his eyes and throat and has permanent vocal cord damage that limits his ability to speak. He and his wife sued three supervisors for $525,000.

The government appeal acted on today said supervisors are immune from being sued regardless of whether they were carrying out orders or whether their alleged negligence was “discretionary”--due to decisions on their part.

“Federal employees are protected from personal financial liability . . . as long as they act within the scope of their official duties,” the appeal said.

If federal workers are exposed to such lawsuits, it could force higher salaries to compensate them or result in reducing the quality of the federal work force, the government appeal contended.

San Jose Rent Control

In other cases the Supreme Court:

--Said it will consider the constitutionality of a San Jose, Calif., rent control law. The justices agreed to review a California Supreme Court decision upholding what the state court called a unique measure that allows landlords to raise rents up to 8% a year, with increases over that amount subject to being challenged by tenants.

--Agreed to settle a constitutional dispute over the placement of newspaper boxes in a Cleveland suburb. The court said it will review a ruling that struck down as violations of freedom of speech three parts of a Lakewood, Ohio, ordinance regulating newspaper racks.

--Rejected an appeal from a cable television operator ordered to pay $35.8 million for using illegal tactics in trying to retain its franchise in Jefferson City, Mo.