Federal Tort Claims Act
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The Federal Tort Claims Act (FTCA, August 2, 1946, ch. 753, title IV, 60 Stat. 842, and ), is a statute enacted by the United States Congress in 1946 permitting private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Liability under the FTCA is limited to "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." . 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, although it exposes the United States to liability for specific intentional torts such as assault, battery, and false imprisonment, if committed by federal law enforcement officers. .
The Supreme Court has limited the use of the FTCA in cases involving the military in the Feres doctrine {340 U.S. 135.
The FTCA constitutes a limited waiver of sovereign immunity.
[edit] See also
- Texas City Disaster (1947), which generated first failed test of the FTCA.
