No. 25-670

James Console, et ux. v. United States

Lower Court: Ninth Circuit
Docketed: 2025-12-09
Status: Denied
Type: Paid
Response Waived
Tags: due-process federal-tort-claims ftca-exception mandatory-duty restitution-statute victim-rights
Latest Conference: 2026-01-23
Question Presented (from Petition)

1. Whether the discretionary-function exception
of the Federal Tort Claims Act (28 U.S.C. § 2680(a))
bars liability when federal employees violate mandatory
duties imposed by statute —here, the Mandatory
Victims Restitution Act (18 U.S.C. § 3663A) —which
leaves no room for discretion, and the Crime Victims '
Rights Act (18 U.S.C. § 3771).

2. Whether victims of federal crimes who have
been formally identified by prosecutors possess a
protected property interest in restitution that cannot
be extinguished without due process of law under the
Fifth Amendment.

3. Whether the Ninth Circuit 's holding that crime
victims have no due process right to participate in
criminal proceedings conflicts with decisions of this
Court and other circuits recognizing that government
officials have no discretion to violate statutes,
regulations, or the Constitution.

Question Presented (AI Summary)

Whether the discretionary function exception of the Federal Tort Claims Act bars liability when federal employees violate mandatory statutory duties related to victim restitution and rights

Docket Entries

2026-01-26
Petition DENIED.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2025-12-29
Waiver of right of respondent United States to respond filed.
2025-11-21
Petition for a writ of certiorari filed. (Response due January 8, 2026)

Attorneys

James Console, et ux.
James Console — Petitioner
United States
D. John SauerSolicitor General, Respondent