Talk:Federal Tort Claims Act

Free public domain source (CRS report)
I see this is already in the external links, but I'm making an effort to put CRS reports on the relevant talk pages, since they're so encyclopedic. http://wikileaks.org/wiki/CRS:_Federal_Tort_Claims_Act%2C_September_2%2C_2008

PS : see my contribs page for a list of pages I've added CRS reports to Agradman talk/contribs 08:09, 1 July 2009 (UTC)

Delete duplicate information
These two sentences have the same meaning. There's no reason to say this twice. I've deleted the second sentence.

''Federal courts have jurisdiction over such claims, but apply the law of the State "where the act or omission occurred". 28 U.S.C. § 1346(b).''

In addition, under the FTCA, "Liability is determinable in accordance with the law of the place where the act or omission occurred" (§1346(b)(1))

Omc (talk) 20:42, 29 March 2020 (UTC)

Westfall Act
Why is there no Wikipedia article about the Westfall Act (Federal Employees Liability Reform and Tort Compensation Act of 1988)? 173.88.246.138 (talk) 00:22, 9 September 2020 (UTC)

"Most torts" is misleading, FTCA is just for personal injury, property damage, or wrongful death
The first sentence should be changed from "most torts" to "personal injury, property damage, or wrongful death". Standard Form 95 doesn't allow other types of claims.--TDKehoe (talk) 02:32, 17 June 2023 (UTC)

Michelle Leuthauser v United States
Michelle Leuthauser claimed that she was raped by a TSA agent. The DOJ defended the TSA agent and claimed that the United States not waive sovereign immunity, and that the TSA agent was not an "officer" (because only "officers" are liable for tort rape under the FTCA), but the law they cited specifically defined officers as people given jurisdiction to perform searches, and the rape occurred while the agent was allegedly performing a search. The DOJ appealed to the 9th Circuit and the 9th Circuit heard their argument and reversed. Isonomia01 (talk) 14:10, 21 May 2024 (UTC)

The line stating that "historically, citizens were not able to sue the government" is false
There are items in the code of Hamurabi allowing citizens to sue the judiciary. Citizens could sue the government in Ancient Greece, Ancient Rome, medieval England, amongst various other historical societies. This line will be removed if it not credibly sourced after a reasonable amount of time. If it is sourced, I will attempt to rebut with historical sources (see Fritz Kern's "Kingship and law in the middle ages" for example), and we will cross that bridge if/when we come to it. Specifically the line in the article I am referring to reads, "Historically, citizens have not been able to sue the government — a doctrine referred to as sovereign immunity." Isonomia01 (talk) 22:13, 1 June 2024 (UTC)