Federal Tort Claims Act
(FTCA)
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.
Key Cases Establishing the Extent of Liability under the FTCA
Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008
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)
Court rejects
tort claims against government for alleged injuries by private research contractors
- Heinrich v. Sweet, 308 F.3d 48 (1st Cir. 2002)
Supreme Court limits the Flood Control Act of 1928 - Central
Green Co. v. United States, 531 U.S. 425 (2001)
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)
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)
Atomic Bomb Cases -
Suits against the US for exposing persons to fallout from nuclear testing.
Ultimately rejected as falling into the discretionary authority defense.
Texas City Disaster - History of the FTCA - Dalehite v. U.S., 346 U.S. 15,
73 S.Ct. 956, 97 L.Ed. 1427 (1953)
General and Vaccine Cases
Establishing duty under the FTCA (polio vaccine) - United States v. St. Louis
University, 336 F.3d 294 (4th Cir. 2003)
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)
How Specific Must the Notice
be in FTCA Cases? - Goodman v. U.S., 298 F.3d 1048 (9th Cir. 2002)
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. 01-28-1991)
Liability for Swine Flu
Vaccine - Unthank v. United States, 732 F.2d 1517 (10th Cir. 1984)
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)
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).
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