Sbaiti & Company Secures Reversal of Summary Judgment in the U.S. Court of Appeals for the Fifth Circuit

DALLAS, TX – Sbaiti & Company PLLC is pleased to announce that the U.S. Court of Appeals for the Fifth Circuit issued a unanimous published opinion yesterday in Barrier v. United States, No. 25-50675, reversing a summary judgment that the district court had granted in favor of the federal government and remanding the case for trial. Partner George M. Padis represented the Plaintiff–Appellant, Tami Barrier, authoring the appellate brief and presenting oral argument before the panel. In addition to assisting on the appeal, co-counsel Dustin Burrows of Liggett Law Group developed the record below, eliciting the critical deposition testimony that led directly to the appellate victory.

Background

In December 2021, a United States Customs and Border Protection (CBP) agent struck Ms. Barrier with his vehicle while exiting a CBP station in Del Rio, Texas. The agent, who served as a full-time union officer for the National Border Patrol Council, was leaving the station to receive donated pandemic supplies for distribution to Border Patrol stations in the region. Ms. Barrier filed suit against the United States under the Federal Tort Claims Act, alleging the government was vicariously liable for the agent’s conduct.

The United States District Court for the Western District of Texas granted the government’s motion for summary judgment, concluding that the agent was not acting within the course and scope of his employment at the time of the incident. Ms. Barrier appealed.

The Fifth Circuit’s Decision

The Fifth Circuit reversed in a unanimous published opinion. The court held that genuine disputes of material fact precluded summary judgment on two independent grounds.

First, the court found that a reasonable jury could determine the agent was on a “special mission” under Texas law. The opinion clarified that an errand that benefits the employer—here, receiving donated supplies for other agents’ use—may constitute a special mission even if it falls outside the employee’s traditional job description.

Second, the court addressed what appeared to be an issue of first impression under Texas law: whether union-specific duties take a federal employee outside the course and scope of employment. The court concluded that, in this case, the Border Patrol agent’s union duties did not place his conduct outside the scope.

The case now returns to the Western District of Texas for trial.

“We’re pleased that the Fifth Circuit agreed with Ms. Barrier that the district court’s grant of summary judgment was premature,” said George Padis, partner at Sbaiti & Company. “The court recognized that material fact questions remain about whether Agent Duran was acting within the scope of his employment. We are proud to stand with Ms. Barrier and our co-counsel Dustin Burrows as Ms. Barrier’s case moves forward to trial.”

“This result reflects the caliber of appellate advocacy that George and Griffin bring to our clients,” said Mazin Sbaiti, the firm’s founding partner. “Reversing a summary judgment in a published Fifth Circuit opinion—on an issue of first impression, no less—is a testament to their skill in identifying winning arguments and presenting them persuasively.”

About the Practice

Sbaiti & Company handles complex federal litigation from trial through appeal. George Padis is an experienced trial and appellate attorney who previously served as the Deputy Civil Chief at the U.S. Attorney’s Office for the Northern District of Texas, where he managed a team of assistant U.S. attorneys and oversaw civil litigation filed against the federal government. He has tried numerous cases to verdict and handled several appeals before the U.S. Court of Appeals for the Fifth Circuit.

Sbaiti & Company Partner Griffin Rubin also contributed to the appellate briefing in Barrier.

The full opinion is available here.

For inquiries regarding Federal Tort Claims Act litigation, appellate matters, or other complex federal disputes, please contact George Padis at George.Padis@sbaitilaw.com or (214) 214-3400.