Under the FTCA, can LEOs be sued for both Negligent and Intentional Tort?

Under the FTCA, can LEOs be sued for both Negligent and Intentional Tort?

• A. No
• B. Only intentional
• C. Only negligent
• D. Yes

Answer: (D)

Under the FTCA, the ability to sue a federal law enforcement officer hinges on the type of tort. The Act waives sovereign immunity for negligent acts committed by federal employees within the scope of their duties, so you can bring a negligence claim under the FTCA. However, there’s a specific carve-out for intentional torts: assault, battery, false imprisonment, false arrest, abuse of process, and malicious prosecution are not covered by the FTCA. Because of that exclusion, claims based on intentional harm by federal officers aren’t available under the FTCA. This means LEOs can be sued for negligent conduct under the FTCA, but not for most intentional torts.

Under the FTCA, the ability to sue a federal law enforcement officer hinges on the type of tort. The Act waives sovereign immunity for negligent acts committed by federal employees within the scope of their duties, so you can bring a negligence claim under the FTCA. However, there’s a specific carve-out for intentional torts: assault, battery, false imprisonment, false arrest, abuse of process, and malicious prosecution are not covered by the FTCA. Because of that exclusion, claims based on intentional harm by federal officers aren’t available under the FTCA. This means LEOs can be sued for negligent conduct under the FTCA, but not for most intentional torts.