Reading Room Document

Potential Liability of the Federal Government for Failure to Protect Witnesses and Potential Witnesses

The document discusses the potential liability of the Federal Government for failure to protect witnesses and potential witnesses. It cites the Schuster v. City of New York and Swanmer v. United States cases to conclude that both the Federal and local governments have a duty to protect their witnesses from reprisal, and may be liable for damages resulting from their negligent breach of that duty. The document also presents questions for review, including the degree of care required in providing protection, the difficulty of proving proximate cause in cases involving witnesses in organized crime prosecutions, and the choice of law problem in these cases. It also discusses the potential need for federal courts to fashion a federal rule or attempt to apply state law in Tort Claims Act suits involving the duty to protect witnesses.

June 27, 1969