Steven D. Willis v. Edward J. Craig

Plaintiff Willis was injured while working as a civilian employee of the United States Navy at the Concord Naval Weapons Station, Concord, California. After receiving benefits from the government under the Federal Employees Compensation Act, he filed this negligence action against defendant Craig, the safety director of the weapons station. Willis asserts federal enclave jurisdiction. 28 U.S.C. § 1331 ; U.S. Const, art. I, § 8, cl. 17.

In the court below, Craig moved to dismiss the action or for summary judgment on two grounds: (1) lack of subject matter jurisdiction; and (2) immunity. The trial court failed to resolve the jurisdictional issue, but instead entered summary judgment in Craig’s favor, finding him to be immune under the standards enunciated in Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed. 1434 (1959).

Willis appeals, and contends that Barr is either overruled or not applicable here.

Neither party discussed subject matter jurisdiction in either the original or reply briefs. Since this Court must raise the issue on its own, Louisville and Nashville R.R. Co. v. Mottley, 211 U.S. 149 , 29 S.Ct. 42 , 53 L.Ed. 126 (1908), we requested briefs on the subject at…