Essay on "Federal Tort Claims Act"

Essay 4 pages (1335 words) Sources: 4

[EXCERPT] . . . .

For the purposes of the FTCA, law enforcement officers are "anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures" ( Solari, Unk.). Because it is frequently within the scope of employment for these people to engage in aggressive behavior, the government will pay "for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope" (Solari, Unk.). Specifically, 28 U.S.C. § 2680(h) (2006) provides that. "with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, "investigative or law enforcement officer" means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law" (28 U.S.C.S. § 2680(h)). Clearly, this provision means that the government will assume liability for intentional torts by federal law enforcement officers acting within the scope of their employment.

Furthermore, the Supreme Court has taken an expansive view of what types of behaviors are covered under the FTCA. Previously, to be considered actions that were within the scope of employment generally had to be things that were done in order to accomplish the job. Therefore, violence incident to an arrest would have been covered, but an intentional assault outside of the officer's job duty might not qualify. This has a particular impact on prison guards, who are in the position to exert tremendous authority over prisoners, but have very little accountability in the use of that authority. In March 2010, a prisoner brought a lawsuit based on allegations that three federal prison guards had participated in a violent sexual assault against him. The federal government sought to have the lawsuit dismissed, alleging that the guards' actions were not within the scope of their employment. However, the Supreme Court held that under the FTCA, "acts or omissions of law enforcement officers that arise within the scope of their employment, regardless of whether the officers are engaged in investigative or law enforcement activity, or are executing a search, seizing evidence, or making an arrest" (Millbrook v. United States).

Conclusion

Before the passage of the FTCA, the federal government was immune from suits, leaving injured litigants with no recourse. The FTCA was enacted to provide a potential remedy for those injured by government actors. However, generally the FTCA covers negligence, rather than intentional torts. The FTCA's coverage of law enforcement creates a broad exception to the negligence standard for liability under the FTCA. It provides coverage for intentional torts committed by federal law enforcement officers during the scope of their employment. Moreover, recent Supreme Court decisions have indicated that the scope of employment is to be construed broadly, not narrowly.

References

Chang, A. (2010, March 27). High court rules U.S. government can be sued over actions of prison guards. Retrieved April 4, 2013 from the National Public Radio website: http://www.npr.org/blogs/thetwo-way/2013/03/27/175494286/high-court-rules-u-s-government-can-be-sued-over-actions-of-prison-guards

Federal Tort Claims Act, 28 U.S.C.S § 2680 (2006).

Fuller, D. (2011). Intentional torts and other exceptions to the Federal Tort Claims Act.

University of St. Thomas Law Journal, 8(3), 375-397.

Millbrook v. United States, Slip opinion (2012). Retrieved April 4, 2013 from Supreme Court

website: http://www.supremecourt.gov/opinions/12pdf/11-10362_2d9g.pdf

NOLO. (2013). Suing the government for negligence: The Federal Tort Claims Act. Retrieved

April 4, 2013 from NOLO website: http://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html

Solari, J. (Unk.). Officer liability -- state law torts and the FTCA (podcast transcript). Retrieved

from Federal Law Enforcement Training Center website: http://www.fletc.gov/training/programs/legal-division/podcasts/fletc-legal-division-officer-liability/officer-liability-podcasts-transcripts/officer-liability-state-law-torts-and-the-ftca-podcast-transcript.html READ MORE

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