The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV,
28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946
federal statute
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
that permits private parties to sue the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
in a
federal court for most
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s committed by persons acting on behalf of the United States. Historically, citizens have not been able to sue their state—a doctrine referred to as
sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
. The FTCA constitutes a limited
waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.
Regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For example, a United St ...
of sovereign immunity, permitting citizens to pursue some tort claims against the government. It was passed and enacted as a part of the
Legislative Reorganization Act of 1946
The Legislative Reorganization Act of 1946 (also known as the Congressional Reorganization Act, ch. 753, , enacted August 2, 1946) was the most comprehensive reorganization of the United States Congress in history to that date.
Background
The n ...
.
Limitations
Under the FTCA, "
e United States
sliable ... in the same manner and to the same extent as a private individual under like circumstances, but
s notliable for interest prior to judgment or for punitive damages." . Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". (b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance of or failure to perform a "discretionary function or duty". The FTCA also exempts a number of
intentional tort
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the ...
s.
However, the FTCA does not exempt intentional torts committed by "investigative or law enforcement officers", thus allowing individuals aggrieved by the actions of law enforcement officers to have their day in court.
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. Under the FTCA, a tort claim against the United States must be presented in writing to the appropriate federal agency within two years after the claim accrues, or it is time-barred. 28 U.S.C. § 2401(b).
The
Supreme Court of the United States has limited the application of the FTCA in cases involving the military. This is the
''Feres'' doctrine.
FTCA is the "exclusive means by which a party may sue the United States for money damages ... in tort" (28 USC § 2679. Exclusiveness of remedy). Accordingly, an FTCA action "can be brought only in a United States District Court" (28 USC § 1346(b)). Regarding the timing of filing, FTCA's § 2401(b) states that the action must be brought "within two years after the claim accrues," or "within six months after ... notice of final denial of the claim by the agency".
History
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).
[28 U.S.C. §2671, Additional Notes, "Short Title" Section](_blank)
as found on the Legal Information Institute Online, Cornell University Law School
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
National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
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." 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.
[State Ins. Fund v. United States, ]
pp.24-30
/ref>
The Federal Tort Claims Act was amended by the , also known as the Westfall Act, following the Supreme Court decision in ''Westfall v. Erwin'' in which the Court had found a federal employee liability for negligence in their duties. The 1988 act amended the Federal Tort Claims Act as to make federal employees immune to tort lawsuits results from cases of negligence or omission in their duties, instead making the U.S. government the defending party under the Federal Tort Claims Act as to allow the litigant to seek damages for constitutional violations.
See also
* Texas City Disaster (1947), which was the first failed lawsuit using the FTCA.
*''United States v. Stanley
''United States v. Stanley'', 483 U.S. 669 (1987), was a United States Supreme Court case in which the Court held that a serviceman could not file a tort action against the federal government even though the government secretly administered doses ...
'' (1987)
* United States Court of Claims
* United States Court of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, ...
References
{{authority control
Tort Claims Act
1946 in law
1946 in the United States
United States tort law
Federal sovereign immunity in the United States