27-523: The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812 , 28 U.S.C. Part VI, Chapter 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. It was passed and enacted as a part of
54-492: 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". 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
81-784: A conflict between the text of the Statutes at Large and the text of a provision of the United States Code that has not been enacted as positive law, the text of the Statutes at Large takes precedence. Publication of the United States Statutes at Large began in 1845 by the private firm of Little, Brown and Company under authority of a joint resolution of Congress . During Little, Brown and Company's time as publisher, Richard Peters (Volumes 1–8), George Minot (Volumes 9–11), and George P. Sanger (Volumes 11–17) served as editors. In 1874, Congress transferred
108-514: A federal prisoner was allowed to bring a claim against the U.S. for intentional torts committed by federal prison guards in the scope of their employment. Under the FTCA, a tort claim against the U.S. 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). Plaintiffs are also limited to a timeline for filing. Plaintiffs must file an initial administrative claim with
135-460: 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. The FTCA
162-521: Is "to protect federal employees from personal liability for common law torts committed within the scope of their employment, while providing persons injured by the common law torts of federal employees with an appropriate remedy against the United States". In execution, it modified the Federal Tort Claims Act by adding that in tort suits filed against federal employees for "negligent or wrongful act[s] or omission[s]...while acting within
189-530: Is the name of the session law publication for U.S. Federal statutes. The public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws ( Statutes at Large ), and codification ( United States Code ). Large portions of public laws are enacted as amendments to the United States Code . Once enacted into law, an Act will be published in
216-483: 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,
243-593: The Legislative Reorganization Act of 1946 . 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
270-405: The Statutes at Large and will add to, modify, or delete some part of the United States Code. Provisions of a public law that contain only enacting clauses, effective dates, and similar matters are not generally codified . Private laws also are not generally codified. Some portions of the United States Code have been enacted as positive law and other portions have not been so enacted. In case of
297-678: The Statutes at Large includes the text of the Declaration of Independence , Articles of Confederation , the Constitution , amendments to the Constitution , treaties with Native American nations and foreign nations, and presidential proclamations . Sometimes very large or long Acts of Congress are published as their own "appendix" volume of the Statutes at Large . For example, the Internal Revenue Code of 1954
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#1732771976630324-729: The Statutes at Large . Since 1985 the Statutes at Large have been prepared and published by the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA). Until 1948, all treaties and international agreements approved by the United States Senate were also published in the set, but these now appear in a publication titled United States Treaties and Other International Agreements , abbreviated U.S.T. In addition,
351-499: The United States Congress . Each act and resolution of Congress is originally published as a slip law , which is classified as either public law (abbreviated Pub.L.) or private law (Pvt.L.), and designated and numbered accordingly. At the end of a congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The United States Statutes at Large
378-521: The Court determined that absolute immunity did not apply in upholding the Eleventh Circuit's decision. Congress feared this decision would have serious ramifications throughout the government. According to Congressional reports, Congress considered that the decision created "an immediate crisis involving the prospect of personal liability and the threat of protracted personal tort litigation for
405-518: The Supreme Court has upheld that individual federal officers can be liable for civil tort suits for violations of constitutional rights that occur as part of their duties. The Supreme Court case Westfall v. Erwin , 484 U.S. 292 (1988), involved a warehouse worker, William Erwin, who had been working on an army depot who suffered physical injuries from the spilled contents of a bag of sodium carbonate in his face and eyes. Erwin sued
432-412: The Supreme Court's opinion, the assertion of absolute immunity could only apply if the federal official was performing the work during their duty and were exercising discretion. The Supreme Court asserted that exercising discretion involved either decision-making processes for high-level officials, or following Congress-defined procedures for lower-level officials. As Westfall was accused of being negligent,
459-537: The U.S. government the defending party under the FTCA, allowing the litigant to seek damages for non-constitutional violations. In 2020, a protester in Portland, Oregon , was hit in the forehead with an impact munition fired by a U.S. marshal during the George Floyd protests . The protester filed a federal suit for excessive force, but it was dismissed by U.S. District Court Judge Michael Mosman , who stated that
486-662: The authority to publish the Statutes at Large to the Government Printing Office under the direction of the Secretary of State. Pub. L. 80–278 , 61 Stat. 633, was enacted July 30, 1947 and directed the Secretary of State to compile, edit, index, and publish the Statutes at Large . Pub. L. 81–821 , 64 Stat. 980, was enacted September 23, 1950 and directed the Administrator of General Services to compile, edit, index, and publish
513-686: The entire federal workforce", opening liability towards the lower ranks of the federal works for minor violations, such as lawsuits against employees over misplaced equipment or errors on governmental forms. Within months of the January 1988 decision in Westfall , Congress had started drafting a new law to address the decision. The new law was passed by both Houses and signed into law by President Ronald Reagan in November 1988. The Federal Employees Liability Reform and Tort Compensation Act's primary purpose
540-508: The first section of which enacted this title (Tort Claims Procedure). 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
567-567: The government agency in question within two years of the incident. Once the agency mails a response, the plaintiff then has six months to file the suit in federal court. 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
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#1732771976630594-622: The government, while giving private citizens a route to seek damage from the government for violations. The law was passed in response to the United States Supreme Court 's decision in Westfall v. Erwin , 484 U.S. 292 (1988), which had created a precedent that left federal employees open to liability to civil suits for actions they took while performing their duties for the government. Since Bivens v. Six Unknown Named Agents , 403 U.S. 388 (1971),
621-512: The performance of 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
648-516: The protester could still seek damages under the FTCA. In 2022, a navy sailor successfully sued under the act after being hit by a vehicle driven by an active-duty military member, and received a $ 493,000 settlement. United States Statutes at Large The United States Statutes at Large , commonly referred to as the Statutes at Large and abbreviated Stat. , are an official record of Acts of Congress and concurrent resolutions passed by
675-460: The warehouse supervisor, Rodney Westfall, a member of the U.S. Army, along with other Army employees, for negligence. The district court ruled to dismiss the case on the basis that federal employees had absolute immunity for actions they perform in the course of their official duties. The Eleventh Circuit reversed this decision, and the Supreme Court unanimously upheld the Eleventh's reversal. In
702-579: Was amended by the Federal Employees Liability Reform and Tort Compensation Act of 1988 , also known as the Westfall Act, following the Supreme Court decision in Westfall v. Erwin in which the Court had found a federal employee liable for negligence in their duties. The 1988 act amended the FTCA to make federal employees immune to tort lawsuits resulting from cases of negligence or omission in their duties, instead making
729-521: Was published as volume 68A of the Statutes at Large (68A Stat. 3 ). Federal Employees Liability Reform and Tort Compensation Act of 1988 The Federal Employees Liability Reform and Tort Compensation Act of 1988 , also known as the Westfall Act , is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for
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