Federal Tort Claims Act

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"FTCA" redirects here. For the Federal Trade Commission Act, see Federal Trade Commission Act.

The 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)) is a 1948 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.

Limitations[edit]

Under the FTCA, "[t]he United States [is] liable . . . in the same manner and to the same extent as a private individual under like circumstances, but [is not] liable for interest prior to judgment or for punitive damages." 28 U.S.C. § 2674. Federal courts have jurisdiction over such claims, but apply the law of the State "where the act or omission occurred." 28 U.S.C. § 1346(b). Thus, both federal and State law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance, or failure to perform a "discretionary function or duty."[1] The FTCA also exempts a number of intentional torts.[2] However, the FTCA does not exempt intentional torts for "investigative or law enforcement officers," allowing aggrieved individuals to bring lawsuits.[2] The Supreme Court affirmed this so-called "law enforcement proviso" in Millbrook v. United States, where a federal prisoner was allowed to bring a claim against the United States for intentional torts committed by federal prison guards in the scope of their employment.[3]

The Supreme Court of the United States has limited the use of the FTCA in cases involving the military in the Feres doctrine.[4]

History[edit]

The "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That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq.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).[5]

The Act was passed following the 1945 B-25 Empire State Building crash, where a bomber piloted in thick fog by Lieutenant Colonel William F. Smith, Jr. crashed into the north side of the Empire State Building. As NPR reported, "Eight months after the crash, the U.S. government offered money to families of the victims. Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government."[6] Although the crash was not the initial catalyst for the bill, which had been pending in Congress for more than two decades, the statute was made retroactive to 1945 in order to allow victims of that crash to seek recovery.[7]

See also[edit]

References[edit]

  1. ^ 28 U.S.C. § 2680(a)
  2. ^ a b 28 U.S.C. § 2680(h)
  3. ^ http://www.supremecourt.gov/opinions/12pdf/11-10362_2d9g.pdf
  4. ^ 340 U.S. 135 (1950).
  5. ^ 28 U.S.C. §2671, Additional Notes, "Short Title" Section as found on the Legal Information Institute Online, Cornell University Law School
  6. ^ "The Day A Bomber Hit The Empire State Building". National Public Radio. Retrieved 2008-07-28. 
  7. ^ State Ins. Fund v. United States, 346 U.S. 15 (1953), pp.24-30
  • Ballentine's Law Dictionary, p. 193.

External links[edit]