Torts II

Federal Tort Claims Act

The Federal Tort Claims Act allows the federal government to be sued for tortious conduct.

Before suing under the Federal Tort Claims Act, all administrative remedies must be exhausted first.

The federal government can only be sued in a district court.

Strict liability does not apply to the federal government.

Exceptions to the Federal Tort Claims Act:
  • Discretionary functions
  • Intentional torts
    • Except for law enforcement
    • Only applies to the government itself—the individual agents can still be sued for their intentional torts.
  • Feres Doctrine

    The Feres Doctrine prohibits recovery for claims arising out of or in the course of activity incident to any active duty service.

  • Public officers
    • They are only shielded if their conduct comes within common law official immunity or an exclusive remedy provision.
  • Judges and legislators
    • They have absolute immunity for all acts within the scope of their office, even if done in bad faith.