Federal Tort Claims Amendments: Hearings, Ninety-third Congress, Second Session, on H.R. 10439 ... |
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Common terms and phrases
act or omission actual damages amend title 28 amends Section applicable Federal law apply Attorney Bivens BUTLER cause of action Chairman civilian Claims Act remedy claims arising claims sounding CLAY SMITH CONGRESS THE LIBRARY Constitution or Federal Constitution or statutes Counsel DANIELSON DONOHUE employees from personal enactment exclusionary rule exclusive remedy Federal agency Federal Bar Association Federal employees Federal statute Federal Tort Claims filed fourth amendment GILLIAT illegal search immunity individual intentional torts JAFFE judgment law enforcement officers legislation LIBRARY OF CONGRESS limitation malicious prosecution medical personnel ment money damages arising MOORHEAD office or employment pain and suffering personal injury personal liability proposed amendments provide liability insurance Public Health Service question recovery Robert L. F. Sikes scope SHATTUCK sounding in tort statutory subcommittee suits based tion Tort Claims Act tort for money Tort Law Committee U.S. district court U.S. Supreme Court United States Code Veterans WIGGINS
Popular passages
Page 37 - 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 36 - 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 39 - 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...
Page 36 - The head of each Federal agency or his designee. in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States 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 agency while acting within the scope of his office or employment...
Page 40 - ... under circumstances where the United States, If a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred...
Page 32 - The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.
Page 81 - Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose...
Page 40 - General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter.
Page 66 - An agent acting — albeit unconstitutionally — in the name of the United States possesses a far greater capacity for harm than an individual trespasser exercising no authority other than his own.
Page 40 - If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.