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The Federal Tort Claims Act: A Primer
The Federal Tort Claims Act (FTCA) is outlined in various sections of Chapter 28 of the United States Code, which describe the steps necessary to file and maintain a tort action against the U.S. government.
The FTCA is the exclusive remedy for monetary damages for injuries “caused by the negligent …
The FTCA is the exclusive remedy for monetary damages for injuries “caused by the negligent …
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More from this issue:
- Corizon Needs a Checkup: Problems with Privatized Correctional Healthcare, by Greg Dober
- Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate, by Derek Gilna
- Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks
- Second Circuit Vacates Magistrate’s Judgment Entered without Consent
- From the Editor, by Paul Wright
- Why There’s an Even Larger Racial Disparity in Private Prisons Than in Public Ones, by Katie Rose Quandt
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, by John Dannenberg
- When Victims Speak Up in Court – in Defense of the Criminals, by Andrew Cohen
- Texas Criminal Court Fees are a Tax on Poor Defendants, by Matthew Clarke
- Oregon Jail Guard Quits, Divorces Wife for Former Prisoner
- South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date
- California Female Prisoners Sterilized
- Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment
- Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment
- Seventh Circuit Upholds FTCA Venue Transfer
- Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse
- Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence
- Washington Jail Denied Good Time without Due Process; Rehearing Ordered
- Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation, by Matthew Clarke
- California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment
- Second Circuit: Videoconference at Resentencing Violates Right to be Present
- Taylor County, Texas Rarely Disciplines Jailers
- Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper
- D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner
- Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired
- The Federal Tort Claims Act: A Primer, by Derek Gilna
- Psst! Hey Man, Need Some Execution Drugs?
- A Rare Look Inside the Maine State Prison's "Supermax", by Lance Tapley
- Video Visitation a Growing Trend, but Concerns Remain
- Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed
- PLRA Does Not Permit Waiver of Court-ordered Answer
- Businesses, Members of Congress Not Happy with UNICOR, by Derek Gilna
- New Hampshire Prisoners Suspected of Breaching Prison Computer System
- Lawsuits filed over Oregon Jail Death
- Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, Feb. 1, 2022. Federal Tort Claims Act, Failure to Treat (Mental Illness).
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, Nov. 1, 2021. Guard Misconduct, Federal Tort Claims Act, Qualified Immunity.
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, Nov. 1, 2021. Failure to Treat, Federal Tort Claims Act.
- Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, June 15, 2021. Federal Statutory Law.
- Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence, May 5, 2020. Wrongful Imprisonment, Federal Tort Claims Act.
- Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action, April 1, 2020. Systemic Medical Neglect, Complaints, Federal Tort Claims Act.
- Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death, March 4, 2020. Guard Brutality/Beatings, Federal Tort Claims Act, Wrongful Death, Excessive Force (Wrongful Death).
- Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, Sept. 5, 2018. Retaliation for Filing Grievances, Guard Brutality/Beatings, Federal Tort Claims Act, First Amendment, rights.
- FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception, May 8, 2018. Prisoner-Prisoner Harassment, Failure to Protect (General), Federal Tort Claims Act, Prison Rape Elimination Act.

