Federal Tort Claims Act

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The Federal Tort Claims Act (FTCA), August 2, 1946, ch. 753, title IV, 60 Stat. 842, 28 U.S.C. § 1346(b) and 28 U.S.C. § 2671–2680), is a statute enacted by the United States Congress in 1946 permitting private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. 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." 28 U.S.C. § 1346(b). The FTCA exempts, among other things, claims based upon the performance, or failure to perform, a "discretionary function or duty." 28 U.S.C. § 2680(a). 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. 28 U.S.C. § 2680(h).

The Supreme Court has limited the use of the FTCA in cases involving the military in the Feres doctrine 340 U.S. 135.

The FTCA constitutes a limited waiver of sovereign immunity.

[edit] References

  • Ballentine's Law Dictionary, p. 193.

[edit] See also

[edit] External links

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