In Carlson, the question was raised whether the FTCA
, a statute allowing recovery against the US for certain torts committed by federal officials, could offset a Bivens remedy.
Prescribed burning implicates the FTCA
and the discretionary
cases, the United States is the defendant (generally it is the government, not the employee who is the defendant).
jurisdiction" under the FTCA
. (43) Thus, the FTCA
Macharia's application of the FTCA
's foreign country exception to a United States embassy abroad was consistent with other prior decisions construing the exception.
The court held that the prisoner's confinement was uncategorically privileged, and thus, under state law, he could not assert a claim for false imprisonment against the United States pursuant to the Federal Tort Claims Act (FTCA
) based on his brief transfer from the halfway house.
(163) A claim under the FTCA
is different from an ordinary tort action.
(49) In essence, Boyle was aimed at "plaintiffs seeking to use state law to recover against contractors for claims that would have been barred under the discretionary function exception if brought directly against the responsible government officers." (50) At least until September 11th, "lower courts had primarily understood Boyle as nothing more than an extension of the FTCA
's 'discretionary function' exception to a particular type of state-law tort suits against contractors, whether because it was a 'derivative immunity' or a form of 'federal common law preemption.'" (51)
was enacted before the FDCPA and Dodd-Frank (48) and has historically addressed many consumer concerns related to credit, lending, and debt collection.
Federal Bureau of Prisons arose under the Federal Tort Claims Act (FTCA
), a statute that operates as a blanket waiver of sovereign immunity and allows individuals to seek damages for the tortious acts of federal officials.
A* 5), the GrammCaeLeachCaeBliley Act (GLBA) and the Children's Online Privacy Protection Act (COPPA).
provides that awards will be controlled by the laws of the state where the underlying incident occurred.