C.F.R. » Title 25 » CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT › Subpart M—Federal Tort Claims Act Coverage General Provisions

25 C.F.R. § 900.183

Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Yes. There are claims against self-determination contractors which are not covered by FTCA, claims which may not be pursued under FTCA, and remedies that are excluded by FTCA. General guidance is provided below as to these matters but is not intended as a definitive description of coverage, which is subject to review by the Department of Justice and the courts on a case-by-case basis.

(a) What claims are expressly barred by FTCA and therefore may not be made against the United States, an Indian tribe or tribal organization? Any claim under 28 U.S.C. 2680, including claims arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, unless otherwise authorized by 28 U.S.C. 2680(h).

(b) What claims may not be pursued under FTCA? (1) Except as provided in §§ 900.181(a)(1) and 900.189, claims against subcontractors arising out of the performance of subcontracts with a self-determination contractor;

(2) Claims for on-the-job injuries which are covered by workmen's compensation;

(3) Claims for breach of contract rather than tort claims; or

(4) Claims resulting from activities performed by an employee which are outside the scope of employment.

(c) What remedies are expressly excluded by FTCA and therefore are barred? (1) Punitive damages, unless otherwise authorized by 28 U.S.C. 2674; and

(2) Other remedies not permitted under applicable state law.

Notes of Decisions
Cited in 3 cases, 2018–2020 · leading case: Goss v. United States, 353 F. Supp. 3d 878 (D. Ariz. 2018).
Sort: Relevance Newest Treatment
Goss v. United States, 353 F. Supp. 3d 878 (D. Ariz. 2018). “§ 2680 (h) ; 25 C.F.R. § 900.183 (a). Nor does it permit the United States to substitute for a government employee sued for breach of contract.”
Goss v. United States of Am. (D. Ariz. 2020). “§ 2680 (h); 25 C.F.R. § 900.183 (a), (b). 21 Plaintiff argues that “Defendant accepted responsibility under the [FTCA] [and] 22 thus cannot now claim it is not a tort.”
Anthony v. United States (D. Ariz. 2020). “” 25 C.F.R. § 900.183 . 3 The regulation suggests that claims for on-the-job injuries that are covered by worker’s 4 compensation may not be pursued under the FTCA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.