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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.
The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims ...
The mother of Payton Wasson — a 22-year-old Nampa man shot and killed by Boise police this summer — has filed a tort claim against the city and is seeking millions in damages for the death of ...
Arce v. García, 434 F.3d 1254 (11th Cir. 2006): Salvadoran plaintiffs who had been tortured in their home country could sue the responsible Ecuadoran government officials under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA).
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 the government, while giving private citizens a route to seek damage from the government for violations.
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Brennan also criticized the majority's use of the Federal Tort Claims Act's "discretionary function" exception to justify the military contractor immunity doctrine. In United States v. Gilman the court held that the Federal Tort Claims Act does not contain an implied right of indemnity for the United States even where the financial burden would ...
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...