Federal Tort Claims Act

The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 60 Stat. 812, '28 U.S.C. Pt.VI Ch.171' and 28 U.S.C. § 1346) ('FTCA') is a 1946 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. Historically, citizens have not been able to sue their state—a doctrine referred to as sovereign immunity. The FTCA constitutes a limited waiver of sovereign immunity, permitting citizens to pursue some tort claims against the government. Under the FTCA, 'he United States liable . . . in the same manner and to the same extent as a private individual under like circumstances, but 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.' The FTCA also exempts a number of intentional torts. 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.