Morris v. United States

── Morris v. United States ── Court: Court of Appeals for the Fifth Circuit Date: May 18, 2026 Category: United States Civil Case: 24-40576 Document: 66-1 Page: 1 Date Filed: 05/18/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-40576 FILED May 18, 2026 ____________ Lyle W. Cayce Brittany Morris, Clerk Plaintiff—Appellant, versus United States of America, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:22-CV-227 ______________________________ Before Higginbotham, Jones, and Southwick, Circuit Judges. Leslie H. Southwick, Circuit Judge: Brittany Morris was violently attacked by her ex-boyfriend, Rondell Malveaux, while he was on supervised release as a result of a conviction in federal court. Just three days before the attack, Morris warned his probation officer of Malveaux’s threats against her. The officer promised to take specific steps to protect her but then failed to do so. After the assault, Morris brought a claim under the Federal Tort Claims Act alleging negligence and negligent undertaking. The district court, relying on an exception under the Act for misrepresentations, held that the officer’s promises were key to Morris’s suit and dismissed for lack of jurisdiction. We hold that the Case: 24-40576 Document: 66-1 Page: 2 Date Filed: 05/18/2026 24-40576 allegedly negligent failure to take minimal actions to protect Morris is a separate and available claim. We REVERSE and REMAND. FACTUAL AND PROCEDURAL BACKGROUND Beginning in 2011, Malveaux served consecutive state and federal sentences for illegal possession of a firearm, possession of illegal drugs, and assault on a public servant. Malveaux completed his term in prison and was released to serve three years of federal supervision in 2016. Thereafter, Malveaux was supervised at all relevant times by federal probation officer Beverly Matt. As a condition of his supervised release, Malveaux was required to live at a residential reentry facility through November 27, 2019. Instead, Malveaux left without permission around August 1, 2019. He called Morris, who lived in Beaumont, Texas, in order to have her pick him up. Morris refused and instead notified Probation Officer Matt, explaining that Malveaux was a threat to Morris and her children. Officer Matt determined that Malveaux was in violation of his supervised release and a danger, so she informed Morris that a warrant would issue for Malveaux’s arrest. Officer Matt petitioned for a warrant on August 2, citing: (1) failure to report to a halfway house; (2) failure to install a telephone line; (3) failure to secure employment; (4) failure to notify regarding termination of employment; (5) testing positive for Phencyclidine (PCP); (6) admitting to smoking synthetic marijuana; (7) violating open container laws; (8) failure to attend substance abuse treatment; and (9) being discharged unsuccessfully from the halfway house. The petition did not refer to the threat Malveaux posed to Morris or state the petition was urgent. In the early morning of August 4, Malveaux burglarized Morris’s home, confronted Morris about not picking him up from the facility, an