Suing the Government

Federal Tort Claims Act
(FTCA)

Studies

Federal Tort Claims Act: Information Related to Implications of Extending Coverage to Volunteers at HRSA-Funded Health Centers. GAO-09-693R, June 24.

Statute

28 USC 2680(h) - Exemptions to the FTCA

Sec. 233. Civil actions or proceedings against commissioned officers or employees - Immunity for public health service employees. Also applies to community health centers and free clinics.

Research Guides

Federal Tort Claims Handbook, current through 1999. Excellent research guide.

Clinician’s Handbook On the Federal Tort Claims Act – Edition II - 2001

Judge Advocate General FTCA training materials, 1999.

Key Cases Establishing the Extent of Liability under the FTCA

Court dismisses Katrina Levee Breach cases under FTCA - In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir.(La.)

Corps contests the adequacy of the FTCA notice for most Katrina plaintiffs - In re Katrina Canal Breaches Consolidated Litigation, No. 05-4182, 2010 WL 487431, (E.D.La. 2010)

Discretionary authority does not protect TVA from green house case claims - Connecticut v. American Elec. Power Co., Inc., --- F.3d ---- (2nd Cir.(N.Y.) Sep 21, 2009) Overruled

Stafford Act immunity for Katrina debris removal decisions by FEMA - St. Tammany Parish v. Federal Emergency Management Agency, 556 F.3d 307 (5th Cir. 2009)

Court dismisses Industrial Canal cases for failure of FTCA notice - In re Breaches, No. 06-2268 - 2008 WL 4449970 (E.D.La. 2008)

Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008

Immunity of federal employees from suit (Westfall Act Immunity) - Osborn v. Haley, 549 U.S. 225 (2007) - excellent discussion of the Westfall Act, which provides immunity for federal employees when the Attorney General certifies that they were acting with the course and scope of employment.

Plaintiff's can go forward with claims against the Army Corp of Engineers based on failure of a navigation canal during Katrina - Feb 2007.

Federal tort claims act does not apply to actions outside the U.S. - Sosa v. Alvarez-Machain, 124 S.Ct. 2739, 542 U.S. 692, 159 L.Ed.2d 718 (2004)

Establishing duty under the FTCA (polio vaccine) - United States v. St. Louis University, 336 F.3d 294 (4th Cir. 2003)

Court rejects tort claims against government for alleged injuries by private research contractors - Heinrich v. Sweet, 308 F.3d 48 (1st Cir. 2002)

How Specific Must the Notice be in FTCA Cases? - Goodman v. U.S., 298 F.3d 1048 (9th Cir. 2002)

Tolling the FTCA Statute of Limitations/Federally Funded Community Health Centers are Covered by the FTCA - Motley v. U.S., 295 F.3d 820 (8th Cir. 2002)

Supreme Court limits the Flood Control Act of 1928 - Central Green Co. v. United States, 531 U.S. 425 (2001)

Navy not liable under FTCA for recruiter who spread STI - Leleux v. United States, 178 F.3d 750 (5th Cir. 1999) - Navy recruiter in Lafayette, LA, gave underage recruit genital herpes. She sued the Navy under FTCA, but the court found that since the recruiter knew he was infected, it was a battery and thus exempt under the FTCA.

Intentional infliction of emotional distress allowed under the FTCA - Truman v. United States, 26 F.3d 592 (5th Cir. 1994)

Governmental Liability for Rabies Contracted by Lab Worker - Andrulonis v. United States, 924 F.2d 1210 (2nd Cir. 1991)

Navigation channels for levee construction are covered by the Flood Control Act immunity - Mocklin v. Orleans Levee District and Its Board of Levee Commissioners, 877 F.2d 427 (5th Cir. 1989)

Brief - Governmental Immunity and Public Health Agency Actions - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)

Governmental Immunity and Discretionary Authority - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)

Soldier cannot sue government for LSD experiments - U.S. v. Stanley, 479 U.S. 1005 (1986)

Are recreational waters governed by the Flood Control Act of 1928 - United States v. James et al., 478 U.S. 597 (1986)

United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797 (1984)

Liability for Swine Flu Vaccine - Unthank v. United States, 732 F.2d 1517 (10th Cir. 1984)

Portis v. Folk Constr. Co., 694 F.2d 520 (8th Cir. 1982) - contractor is also immune under FCA

When does the SOL start to run on FTCA cases - United States v. Kubrick, 444 U.S. 111, 120, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979)

Lunsford v. United States, 570 F.2d 221 (8th Cir. 1977) - No FTCA class actions under the FCA.

Does federal funding trigger the FTCA - United States v. Orleans, 425 U.S. 807, 813, 96 S.Ct. 1971, 48 L.Ed.2d 390 (1976).

Absolute immunity of the Corp of Engineers for flood damage - Florida East Coast Railway Co. v. United States, 519 F.2d 1184 (5th Cir. 1975)

Flood Control Act immunity does not appy to navigation projects - Graci v. United States, 456 F.2d 20 (5th Cir. 1971) - Graci on remand - no negligence. Original district court ruling.

Peterson v. United States, 367 F.2d 271 (9th Cir. 1966) - Flood Control Act (FCA) does not apply to breaking up an ice jam leading to a flood.

Atomic Bomb Cases - Suits against the US for exposing persons to fallout from nuclear testing. Ultimately rejected as falling into the discretionary authority defense.

Flood Control Act of 1928 History - National Mfg. Co. v. United States. Great Western Paint Mfg. Corp., 210 F.2d 263 (8th Cir. 1954)

Texas City Disaster - History of the FTCA - Dalehite v. U.S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427 (1953)