If the
FTCA is to have any meaning, Gaubert requires a court to
169) First, Bivens actions are designed to address constitutional violations whereas the
FTCA is designed to address tort claims and state civil rights claims.
at 141-42 (concluding government not liable under
FTCA for injuries to service members incident to their service).
105) The CFPB's suggestion of first-party regulation surprised many first-party lenders because the UDAAP provisions of Dodd-Frank were typically defined by enforcement actions or in reliance on the
FTCA and because the CFPB gave no indication that it was planning to regulate this area of debt collection.
For Kennedy, the majority's broad construction of [section] 2680(c) effectively "defeated] the central purpose" of the
FTCA, which, according to a Senate Report, was precisely to "make the tort liability of the United States 'the same as that of a private person under like circumstance[s].
The court held that the training and supervision of Deputy United States Marshals was a discretionary function, and therefore, the discretionary function exception to
FTCA precluded subject matter jurisdiction of the arrestee's negligent training and supervision claims, following an alleged attack by marshals.
under the
FTCA to its contractors through precedent set by the 1988 Supreme Court case Boyle v.
In either case, if the tort causes damages, the individual patient is allowed recovery under the
FTCA for the acts of providers acting within the scope of their federal duties.
Under the
FTCA, the government allows itself to be sued when a government employee commits a tort -- a negligent act that results in injury to someone.
Section 5 of the
FTCA gives the agency power to issue rules,
207) The Court found even that alternative remedy to be inadequate for a variety of reasons, including the unavailability of punitive damages under the
FTCA.
Moving outside of the traditional enforcement process, the
FTCA represents a limited waiver of the U.
