Jack Leaf and Marvin Gunnufson, and Cross-Appellants v. United States of America, and Cross-Appellee

The government appeals from a judgment awarding damages to plaintiffs in the amount of $150,000, for the destruction of their PBY aircraft while it was being used by a DEA informant named Morris Bean, with the knowledge and approval of the DEA agents assigned to supervise him. The government claims that, contrary to the trial judge’s findings, Bean was not an “agent” of the government so as to impose respondeat superior liability on the government.

The record discloses a man who is not the run-of-the-mill informant who is used to buy and sell drugs, generally out of fear of arrest or prosecution if he does not cooperate with the government. Bean, rather accurately, describes himself as a “Walter Mitty” type who was excited by the prospect of adventure and offered his services as a citizen; he was under no threat of criminal prosecution. Moreover, he tells of drug-related problems in people close to him which led him to enter the battle against the drug traffic. By profession he rebuilt helicopters, he had a private pilot’s license, and he had contacts with others in the aircraft trade. Presumably, because of this he was sought out by drug smugglers.

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