Federal Employees Liability Reform and Tort Compensation Act

E494923

United States federal statute liability reform statute tort law statute

The Federal Employees Liability Reform and Tort Compensation Act is a U.S. statute that makes the federal government, rather than individual federal employees, the defendant in most tort lawsuits arising from employees’ official acts.

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Statements (47)

Predicate	Object
instanceOf	United States federal statute ⓘ liability reform statute ⓘ tort law statute ⓘ
aimsTo	ensure uniform treatment of tort claims against federal employees ⓘ protect federal employees from the burden of personal-capacity tort litigation ⓘ
amends	Federal Tort Claims Act NERFINISHED ⓘ
appliesTo	federal employees acting within the scope of their office or employment ⓘ
appliesToJurisdiction	United States government ⓘ surface form: federal government of the United States
authorizes	Attorney General of the United States to certify scope of employment for substitution purposes NERFINISHED ⓘ
changesDefendant	substitutes the United States for individual federal employees in covered tort suits ⓘ
citationStyle	Federal Employees Liability Reform and Tort Compensation Act of 1988 NERFINISHED ⓘ
clarifies	relationship between individual-capacity suits and Federal Tort Claims Act remedies ⓘ
codifiedIn	Title 28 of the United States Code NERFINISHED ⓘ
countryOfJurisdiction	United States NERFINISHED ⓘ
effectOnLiability	shields individual federal employees from personal liability for common-law torts committed within the scope of their employment ⓘ
enactedBy	United States Congress ⓘ
establishes	that the remedy against the United States under the Federal Tort Claims Act is exclusive for covered claims ⓘ
excludes	certain intentional torts already excluded under the Federal Tort Claims Act exceptions ⓘ claims arising from constitutional violations ⓘ claims where federal employees act outside the scope of employment ⓘ
governs	procedure for certifying scope of employment in tort suits against federal employees ⓘ tort suits arising from official acts of federal employees ⓘ tort suits in federal and state courts involving federal employees’ official acts ⓘ
hasAlternativeName	Westfall Act NERFINISHED ⓘ
legalArea	United States federal tort law ⓘ federal employment law ⓘ
limits	personal-capacity tort suits against federal employees ⓘ
linkedTo	Federal Tort Claims Act NERFINISHED ⓘ
motivatedBy	Supreme Court decision in Westfall v. Erwin NERFINISHED ⓘ
namedAfter	Westfall v. Erwin NERFINISHED ⓘ
policyGoal	to balance compensation for injured parties with protection of federal employees performing official duties ⓘ
primaryPurpose	to make the United States the exclusive defendant for most torts committed by federal employees acting within the scope of employment ⓘ
protects	federal employees from personal liability for certain common-law torts ⓘ
provides	exclusive remedy against the United States for certain tort claims arising from acts of federal employees ⓘ that upon certification the United States shall be substituted as the party defendant ⓘ
publicLawNumber	Public Law 100-694 NERFINISHED ⓘ
relatedCaseLaw	Osborn v. Haley NERFINISHED ⓘ Westfall v. Erwin NERFINISHED ⓘ
relatedTo	sovereign immunity of the United States ⓘ
requires	substitution of the United States as party defendant in place of a federal employee for covered tort claims ⓘ
scope	most tort lawsuits arising from federal employees’ official acts ⓘ
signedBy	President of the United States ⓘ
subjectMatter	sovereign immunity ⓘ substitution of the United States as defendant ⓘ tort liability of federal employees ⓘ
typeOfLiabilityAddressed	common-law tort liability ⓘ
yearEnacted	1988 ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

United States sovereign immunity law → implementedBy → Federal Employees Liability Reform and Tort Compensation Act ⓘ