Section 21.43 Intentional Torts

• Library: Tort Law 2016

E. (§21.43) Intentional Torts

Title 28 U.S.C. § 2680(h) provides for an intentional tort exception to governmental liability. The statutory language exempts the government from liability for "[a]ny claim[s] arising out of" an intentional tort. 28 U.S.C. § 2680(h) (emphasis added). There is an exception within this provision allowing claims against the government for acts done by law enforcement officers. The Supreme Court in Millbrook v. United States, 133 S. Ct. 1441 (2013), ruled that, as in Ali v. Federal Bureau of Prisons, 552 U.S. 214, 227 (2008), the waiver of the law enforcement proviso extends to acts or omissions of law enforcement officers within the scope of their employment, regardless of whether they are engaged in...