Can I get punitive damages against the federal government?

What the Law Says

The Federal Tort Claims Act (FTCA) waives the federal government’s sovereign immunity for certain tort claims—but only to a limited extent. Crucially, it explicitly excludes punitive damages from recovery.

Under the FTCA, the United States is liable for money damages 'in the same manner and to the same extent as a private individual under like circumstances.' However, this liability is strictly limited by statutory exceptions.

The law makes clear that punitive damages — intended to punish egregious misconduct — are categorically unavailable against the federal government, even if a private defendant in the same situation could be held liable for them.

This bar reflects longstanding principles of sovereign immunity: courts will not impose punishment on the government without explicit congressional authorization — and Congress has refused to provide it in the FTCA.

Statutory Text

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.

— 28 U.S.C. § 2674 — Government liability for torts

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