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Federal Tort Claims Act

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Citation Edit

Federal Tort Claims Act, June 25, 1948, ch. 646, Title IV, 62 Stat. 982, 28 U.S.C. Pt. VI Ch. 171 and 28 U.S.C. §1346(b).

Overview Edit

The Federal Tort Claims Act (FTCA) is a statute enacted by the United States Congress in 1948.[1] The FTCA permits private parties to sue the United States in a U.S. federal courts for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.

Limitations Edit

Liability under the FTCA is limited to "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred."[2] The FTCA exempts, among other things, claims based upon the performance, or failure to perform, a "discretionary function or duty."[3] The FTCA also exempts a number of intentional torts, although the United States is liable for specific intentional torts such as assault, battery, and false imprisonment, if committed by federal law enforcement officers.[4]

The U.S. Supreme Court limited the use of the FTCA in cases involving the military in the "Feres" doctrine.

References Edit

  1. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure).
  2. 28 U.S.C. 1346(b).
  3. Id. 2680(a).
  4. Id. 2680(h).

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