Vol. 31, No. 5, #6. The Federal Tort Claims Act.

• Author: Author: John D. Whitaker

Wyoming Bar Journal

2008.

Vol. 31, No. 5, #6.

The Federal Tort Claims Act

Wyoming Bar Journal Issue: October, 2008 Author: John D. Whitaker The Federal Tort Claims Act

Prior to passage of the Federal Tort Claims Act in 1946, the doctrine of sovereign immunity protected the United States from being sued for torts committed by its agents and employees. In 1946 Congress passed the Federal Tort Claims Act because it was thought that the Government should be liable for the tortuous conduct of those carrying out the government's work. Essentially, the Federal Tort Claims Act is a comprehensive statutory framework where Congress waived sovereign immunity in certain cases and permits suits against employees of the United States who cause injury while acting within the scope of their employment. The waiver of sovereign immunity is not absolute, and because compliance is jurisdictional, a thorough review of the applicable statutory provisions of the Act is required prior to commencing an action against the United States. Practitioners are encouraged to go well beyond this article before beginning the process of suing the U.S. Government. Jurisdiction

The Tort Claims Act is located in various locations throughout Title 28 of the United States Code. The jurisdictional statute 28 U.S.C. 1346(b)(1) provides that the Federal District Court has exclusive jurisdiction over civil actions for "injury, or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under 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."

Venue

Venue is controlled by 28 U.S.C. 1402(b) and requires that the case be prosecuted only in the judicial district where the Plaintiff resides or the act or omission occurred.

Statute of Limitations

The statute of limitations applicable to tort suits against the United States is located at 28 U.S.C. 2401(b) and requires that prior to commencing an action, a written tort claim must be filed with the appropriate federal agency within two years after the claim accrues. The agency has six months to investigate the claim before any further action may be taken. After the claim is filed...