Federal Tort Claims Act: Hearings Before the Subcommittee on Agency Administration of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 1775 ....U.S. Government Printing Office, 1982 |
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Page 1
... judgment . From the point of view of the Government , personal action en- tails expenditure of large resources ... judgments . 1 A copy of bill S. 1775 and excerpts from appendix 1 , the Federal Tort Claims Act , appear in the appendix ...
... judgment . From the point of view of the Government , personal action en- tails expenditure of large resources ... judgments . 1 A copy of bill S. 1775 and excerpts from appendix 1 , the Federal Tort Claims Act , appear in the appendix ...
Page 2
... judgment as the law currently exists . The fact that this legislation makes the United States exclusively liable has been misunderstood , I think , by some in that it is thought to undercut accountability . Again , if we measure account ...
... judgment as the law currently exists . The fact that this legislation makes the United States exclusively liable has been misunderstood , I think , by some in that it is thought to undercut accountability . Again , if we measure account ...
Page 4
... judgments against Fed- eral employees , which illustrates the fidelity to constitutional norms exhibited by ... judgment against a Fed- eral employee . The Government is liable only for intentional torts arising from assault and ...
... judgments against Fed- eral employees , which illustrates the fidelity to constitutional norms exhibited by ... judgment against a Fed- eral employee . The Government is liable only for intentional torts arising from assault and ...
Page 5
... judgment and financial liability , offi- cials would be restricted to action that is indisputably legal . Re- grettably , areas of legal certainty are diminishing , and eliminating a good faith defense could discourage progressive and ...
... judgment and financial liability , offi- cials would be restricted to action that is indisputably legal . Re- grettably , areas of legal certainty are diminishing , and eliminating a good faith defense could discourage progressive and ...
Page 8
... judgment is found against a Federal employee and that Federal employee has changed positions to another Federal agency , as in a transfer . Can we still reach that employee for disciplinary action ? Mr. SCHMULTS . I think there would ...
... judgment is found against a Federal employee and that Federal employee has changed positions to another Federal agency , as in a transfer . Can we still reach that employee for disciplinary action ? Mr. SCHMULTS . I think there would ...
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Common terms and phrases
act or omission administrative agents Air Force alleged Amendment rights arising award bill Bivens suits Bivens-type Carlson cause of action Chairman citizens civil action Committee common law concerned conduct CONGRESS THE LIBRARY constitutional rights constitutional torts constitutional violations decision defendant Department of Justice deterrent Director disciplinary district court duties effect employee's employment enactment fact faith defense federal agency Federal employees Federal officials Federal Tort Claims fees Fifth Amendment filed Fourth Amendment FTCA going Government attorneys Government employees immunity impleader involved Jerry Shaw judgment law enforcement lawsuit legislation LIBRARY OF CONGRESS litigation ment military pending personal liability personnel plaintiff private counsel problem protect punitive damages questions reason represent result Schmults scope Senator GRASSLEY Service statutes Subcommittee substitute sued Supreme Court testify testimony Thank tion tional Tort Claims Act U.S. attorney United States Attorney United States Code victim whistleblowers
Popular passages
Page 180 - Government, exercising due care in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 176 - The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
Page 176 - Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud.
Page 177 - An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim 15 CFR Subtitle A (1-1-97 Edition) to the appropriate Federal agency...
Page 136 - Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics...
Page 173 - Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title, but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States...
Page 173 - In the case of a refund, from the date of the overpayment to a date preceding the date of the refund check by not more than thirty days, such date to be determined by the Commissioner, whether or not such refund check is accepted by the taxpayer after tender of such check to the taxpayer.
Page 179 - States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
Page 181 - ... (i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system. (j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. (k) Any claim arising in a foreign country.
Page 180 - Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1-31 of Title 50, Appendix. (f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States.