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Doe Parents No. 1 v. State11/27/2002
hibit the possession of firearms on the naval base and that require all personnel to report the presence of any such firearm," as well as "by further voluntarily undertaking to provide care to a person who was visibly drunk and visibly armed," had, under Maryland law, "assumed . . . responsibility to 'perform "good Samaritan" task in a careful manner.'" Id. at 401 (citations omitted) (some brackets added and some in original). In light of the federal government's voluntary assumption of a "good Samaritan" duty, which was wholly distinct from and did not "arise out of" Carr's federal employment, the fact that Carr happened to be a federal employee was irrelevant; the Sheridan Court expressly noted that "it not appropriate in this case to consider whether negligent hiring, negligent supervision, or negligent training may ever provide the basis for liablity under the FTCA for a foreseeable assault or battery by a [federal g]overment employee." Id. at 402-03 & n.8.
In the wake of Sheridan, the federal circuits have generally agreed, with the notable exception of the United States Court of Appeals for the Ninth Circuit, that a plaintiff's negligence claim against the federal government that is predicated upon the federal government's hiring, training, or supervision of an employee who commits a foreseeable intentional tort against the plaintiff is subsumed within, and therefore barred by, the FTCA's intentional tort exception because such a claim stems from the intentional tortfeasor's employment relationship with the federal government and, therefore, is said to "arise out of" a federal employee's intentionally tortious conduct. See, e.g., Leleux v. United States, 178 F.3d 750, 756 (5th Cir. 1999) (holding that "causes of action distinct from those excepted under [the intentional tort exception] are nevertheless deemed to be barred when the underlying governmental conduct 'essential' to the plaintiff's claim can fairly be read to 'arise out of' conduct that would establish an excepted cause of action," i.e., an intentional tort (citation omitted)); McNeily v. United States, 6 F.3d 343 (5th Cir. 1993) (holding that a "plaintiff cannot avoid the reach" of the intentional tort exception "by framing his [or her] complaint in terms of negligent failure to prevent the excepted harm"); see also Ryan v. United States, 156 F. Supp. 2d 900, 904 (N.D. Ill. 2001) (citing, interalia, Franklin v. United States, 992 F.2d 1492, 1499 (10th Cir. 1993); Westcott v. Omaha City, 901 F.2d 1486, 1490 (8th Cir. 1990); and Guccione v. United States, 847 P.2d 1031, 1035-37 (2d Cir. 1988), reh'g denied, 878 F.2d 32, 33 (2d Cir. 1989), as having "interpreted 'arising out of' broadly," and, consequently, as holding "that a negligent hiring or supervision claim necessarily arises out of an underlying assault or battery").
The Ninth Circuit, however, has adopted a narrow view of the FTCA's intentional tort exception. Senger v. United States, 103 F.3d 1437 (9th Cir. 1996), is exemplary in this regard. The Senger court viewed its sister circuits' reasoning as flawed on the basis that granting broad immunity to the federal government for the negligence of one employee simply because a foreseeable result of that employee's negligence was that another federal employee would commit an intentional tort was inconsistent with the FTCA's avowed purpose "to 'provide a forum for the resolution of claims against the federal government for injury caused by the government's negligence.'" Id. at 1441 (quoting Bennett v. United States, 803 F.2d 1502, 1504 (9th Cir. 1986)). Rather than demarcating the boundaries of the intentional tort exception solely upon whether the intentional tortfeasor was or was not a federal employee, the Senger cour
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