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 ...
United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies
U.S. Government Printing Office, 1978 - 885 pages
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act or omission action or proceeding administrative agency agents alleged amendment Answer apply appropriate arising arrest Attorney authority award believe BELL bill Bivens brought cause chapter citizens civil action claim arising color Committee compensation concerned conduct Congress constitutional rights constitutional torts criminal damages decision defense Department determined disciplinary district court duties effect exclusive existing fact faith federal employees Federal Tort Claims filed former FTCA held immunity individual injury intentional interest involved issue judgment judicial jury Justice law enforcement legislation letter liability LIBRARY limited matter means ment negligent office or employment opening pending performance person plaintiff police present procedures proposed protect Question reasonable regulations remedy respect responsible result rule scope Senator METZENBAUM Service statute subsection suit thereof tion title 28 Tort Claims Act trial United United States Code violation wrongful
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...