Amendments to the Federal Tort Claims Act, S. 2117: Joint Hearing Before the Subcommittee on Citizens and Shareholders Rights and Remedies and the Subcommittee on Administrative Practice and Procedure of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, Second Session ...U.S. Government Printing Office, 1978 - 885 pages |
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Page 4
... intentionally violate the constitutional rights of Amer- icans in our concern over the plight of innocent Government employees harassed by civil suits . Clearly , this bill must ensure the accountability of officials by providing ...
... intentionally violate the constitutional rights of Amer- icans in our concern over the plight of innocent Government employees harassed by civil suits . Clearly , this bill must ensure the accountability of officials by providing ...
Page 30
... intentional , albeit mistaken , con- stitutional torts of those agents . The draft bill provides for actual or compensatory damages in such cases . Mechanically the statute provides that , upon the certifi- cation of scope of employment ...
... intentional , albeit mistaken , con- stitutional torts of those agents . The draft bill provides for actual or compensatory damages in such cases . Mechanically the statute provides that , upon the certifi- cation of scope of employment ...
Page 71
... intentional , albeit mistaken , constitutional torts of those agents . " For this reason , the bill allows for an award of actual or compen- satory damages even where the good faith defense is available . Thus , the only practical ...
... intentional , albeit mistaken , constitutional torts of those agents . " For this reason , the bill allows for an award of actual or compen- satory damages even where the good faith defense is available . Thus , the only practical ...
Page 99
... intentional torts . SECTION 2680 ( A ) . " DISCRETIONARY ACT " Question . ( a ) Does this exclude liability even if a federal official violates constitutional rights by an abuse of discretion ? Answer . Yes , because the statute ...
... intentional torts . SECTION 2680 ( A ) . " DISCRETIONARY ACT " Question . ( a ) Does this exclude liability even if a federal official violates constitutional rights by an abuse of discretion ? Answer . Yes , because the statute ...
Page 106
... intentionally violated the constitutional rights of an individual ? ( page 1 ) f . Isn't it true that civil damage actions do have a deterrent effect on employees who are not honest , law - abiding and conscientious ? g . If it is true ...
... intentionally violated the constitutional rights of an individual ? ( page 1 ) f . Isn't it true that civil damage actions do have a deterrent effect on employees who are not honest , law - abiding and conscientious ? g . If it is true ...
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Common terms and phrases
act or omission action or proceeding administrative alleged Answer apply arrest Attorney award bill Bivens cause of action citizens civil action claim arising COINTELPRO Collinsville color thereof Committee common law torts conduct constitutional rights constitutional torts constitutional violations criminal Department of Justice disciplinary action disciplinary proceedings district court employee was acting exclusionary rule exclusive F.Supp faith defense Federal agency federal employees Federal law federal officials Federal Tort Claims filed Fourth Amendment FTCA government employees HTLINGUAL illegal individual intentional torts JAFFE JAMES ABOUREZK judgment judicial jury trial Justice Department law enforcement legislation letter liability liquidated damages litigation ment money damages office or employment pending plaintiff Presidential appointees private counsel procedures proposed punitive damages Question reasonable remedy S.Ct scope Section 2680 h Senator METZENBAUM Six Unknown SIX UNKNOWN FED sovereign immunity statute Subcommittee subsection Supp supra swine flu tion title 28 Tort Claims Act United States Code
Popular passages
Page 259 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Page 193 - Any claim based upon an act or omission of an employee of the 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 252 - It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
Page 156 - Administrator may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any other officer, or by any organizational entity or employee, of the Agency.
Page 63 - Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Page 60 - 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 to the appropriate Federal agency...
Page 202 - ... except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim.
Page 156 - So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the...
Page 60 - The United States shall be liable, respecting the provisions of this title relating to tort claims, 'based. upon negligent or wrongful acts or omissions 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 58 - Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages accruing on and after January 1, 1945, 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, under circumstances where the United States, if a private person, would be liable to the claimant...