Federal Tort Claims Act — Intentional Torts Exception

The Intentional Torts Exception

The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an “intentional tort” committed by a federal government employee. Under the FTCA, intentional torts include assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, and interference with contractual rights. If a person has been injured by any of the intentional torts listed above, he cannot file a personal injury action against the federal government under the FTCA.

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Law Enforcement Officers

Special rules apply to “law enforcement officers.” Under the FTCA, a “law enforcement officer” is any officer of the United States who is empowered by law to execute searches, seize evidence, or make arrests for violations of federal law.

The FTCA permits claims against law enforcement officers that involve assault, battery, false imprisonment, false arrest, malicious prosecution, or abuse of process. The FTCA bars actions against law enforcement officers that involve libel, slander, misrepresentation, deceit, or interference with contractual rights.