Section 21.18 Intentional Infliction of Emotional Distress

• Library: Tort Law 2016

F. (§21.18) Intentional Infliction of Emotional Distress

While 28 U.S.C. § 2680 attempts to exclude most torts involving intentional conduct, the courts have recognized a cause of action under the FTCA for intentional infliction of emotional distress. The courts will not find an exemption under 28 U.S.C. § 2680 unless the tort is specifically set forth in the statute. Accordingly, in Limone v. United States, 579 F.3d 79 (1^st Cir. 2009), the plaintiff was allowed to recover for the infliction of emotional distress, which was caused by an invasion of privacy as a result of the FBI framing the plaintiffs and then obstructing the plaintiffs’ efforts to clear their names. Because the tort was recognized under Massachusetts...