Federal Tort Claims Act: Volume 2 pdf baixar

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Federal Tort Claims Act. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals.

"The United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit." United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941) (citations omitted). The FTCA waives the United States' sovereign immunity for certain torts committed by federal employees while acting in the scope of their employment. 28 U.S.C. §§ 1346, 2671 et seq. In general, the FTCA provides federal district courts exclusive jurisdiction over claims against the United States for "injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission" by federal employees acting within the scope of their employment. Id. § 1346(b)(1). It does not, however, waive sovereign immunity for claims "arising out of ... libel [and] slander." Id. § 2680(h).

Prior to 1988 litigants could sue federal tortfeasors in their individual capacity, subject to specific exceptions created by Congress to protect certain classes of employees from personal liability. See United States v. Smith, 499 U.S. 160, 170 & n.11, 111 S.Ct. 1180, 113 L.Ed.2d 134 (1991). In 1988, Congress abandoned this piecemeal approach and passed broad legislation to extend the benefit of sovereign immunity to all federal employees. This law, the Federal Employees Liability Reform and Tort Compensation Act (i.e., the Westfall Act), amended the FTCA to provide that "[t]he remedy against the United States provided [in the FTCA] ... is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee." 28 U.S.C. § 2679(b)(1) (emphasis added); see also Levin v. United States, 568 U.S. 503, 509, 133 S.Ct. 1224, 185 L.Ed.2d 343 (2013) (holding that the Westfall Act "makes the remedy against the United States under the FTCA exclusive for torts committed by federal employees acting within the scope of their employment").

"Under the Act, the United States shall be substituted for the employee as a defendant in any common law tort action initiated against an employee if the employee was acting within the scope of employment." Henson v. Nat'l Aeronautics & Space Admin., 14 F.3d 1143, 1147 (6th Cir. 1994). Moreover, as interpreted by the Supreme Court, the Westfall Act immunizes individual federal employees even where the FTCA bars a suit against the United States as well. Smith, 499 U.S. at 166, 111 S.Ct. 1180; see also Gutierrez de Martinez v. Lamagno, 515 U.S. 417, 420, 115 S.Ct. 2227, 132 L.Ed.2d 375 (1995) ("If ... an exception to the FTCA shields the United States from suit, the plaintiff may be left without a tort action against any party.").

Does 1-10 v. Haaland, 973 F. 3d 591 (6th Cir. 2020)