What types of claims are excluded from the Federal Tort Claims Act?

What the Law Says

The Federal Tort Claims Act waives sovereign immunity for certain torts committed by federal employees acting within the scope of their employment—but only to the extent specified by law. Key exclusions are found not in § 2674 itself, but in the statutory exceptions listed in 28 U.S.C. § 2680, which expressly preserve immunity for specific categories of claims.

Section 2674 establishes the general rule: 'The United States shall be liable... in the same manner and to the same extent as a private individual under like circumstances.' However, this liability is sharply limited by the 13 express exceptions in § 2680.

For example, § 2680(a) excludes claims 'based upon an exercise or performance or the failure to exercise or perform a discretionary function or duty,' even if negligence is involved. This protects policy-driven decisions made by federal agencies.

Section 2680(j) bars claims 'arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war' — a broad exclusion covering battlefield conduct and related operations.

Section 2680(h) excludes most intentional torts (e.g., assault, battery, false imprisonment), except when committed by investigative or law enforcement officers acting within scope — but only for six specific torts (assault, battery, false imprisonment, etc.) and only if committed during acts 'within the scope of [their] office or employment.'

Statutory Text

The United States shall be liable... in the same manner and to the same extent as a private individual under like circumstances.

— 28 U.S.C. § 2674 — Liability of United States

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