Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) is a United States federal statute that permits private parties to sue the U.S. government in federal court for most torts committed by persons acting on its behalf. It was passed and enacted as a part of the Legislative Reorganization Act of 1946.

Under the FTCA, "[T]he United States [is] liable ... in the same manner and to the same extent as a private individual under like circumstances, but [is not] liable for interest prior to judgment or for punitive damages." Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance of or failure to perform a "discretionary function or duty". The FTCA also exempts a number of intentional torts. However, the FTCA does not exempt intentional torts committed by "investigative or law enforcement officers", thus allowing individuals aggrieved by the actions of law enforcement officers to have their day in court. The Supreme Court affirmed this "law enforcement proviso" in Millbrook v. United States, where a federal prisoner was allowed to bring a claim against the U.S. for intentional torts committed by federal prison guards in the scope of their employment. Under the FTCA, a tort claim against the U.S. must be presented in writing to the appropriate federal agency within two years after the claim accrues, or it is time-barred.

Plaintiffs are also limited to a timeline for filing. Plaintiffs must file an initial administrative claim with the government agency in question within two years of the incident. Once the agency mails a response, the plaintiff then has six months to file the suit in federal court.

The Supreme Court of the United States has limited the application of the FTCA in cases involving the military. This is the Feres doctrine.

The FTCA is the "exclusive means by which a party may sue the United States for money damages ... in tort". Accordingly, an FTCA action "can be brought only in a United States District Court". Regarding the timing of filing, FTCA's § 2401(b) states that the action must be brought "within two years after the claim accrues," or "within six months after ... notice of final denial of the claim by the agency".

In January 2025, the Supreme Court granted certiorari in the case Martin v. United States, which seeks to address whether the discretionary function exception can prevent claims from arising under the law enforcement proviso. In June 2025, the Supreme Court held in a unanimous decision that the law enforcement proviso does not override the discretionary function exception, allowing the Martin case to proceed.

The "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946, as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary.

Title IV of the Legislative Reorganization Act of August 2, 1946 was substantially repealed and re-enacted as sections 1346 (b) and 2671 et seq. of Title 28 on June 25, 1948 (Tort Claims Procedure).