U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 171— TORT CLAIMS PROCEDURE

28 U.S.C. § 2674

Liability of United States

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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.

If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.

With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled.

With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter.

Notes of Decisions
Cited in 2,899 cases (671 in the last 5 years), 1949–2026 · leading case: Carlson v. Green
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Carlson v. Green (1980) scotus · cites it 6× “28 U. S. C. § 2674 . Thus FTCA is that much less effective than a Bivens action as a deterrent to unconstitutional acts.”
Tekle Ex Rel. Tekle v. United States (2007) ca9 · cites it 8× “3d at 758 (quoting 28 U.S.C. § 2674 ). The FTCA provides an exception to the United States' liability for certain torts, including assault, battery, and false arrest.”
Sosa v. Alvarez-Machain (2004) scotus · cites it 4× “1, 6 (1962); see also 28 U. S. C. § 2674 . The Act accordingly gives federal district courts jurisdiction over claims against the United States for injury "caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his…”
Lomando v. United States (2011) ca3 · cites it 8× “The United States contended that because a provision of the FTCA, 28 U.S.C. § 2674 , provides that the United States “shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United…”
Kwai Wong v. David Beebe (2013) ca9 · cites it 6× “” 28 U.S.C. § 2674 (emphasis added); see Arteaga, 711 F.”
Jaycee Dugard v. United States (2016) ca9 · cites it 8× “28 U.S.C. § 2674 . The panel held that in locating an analogous private party under the FTCA, it was appropriate to look to cases involving public entities or public immunities, so long as the policies underlying them were applicable to private parties in the state as well.”
Liranzo v. United States (2012) ca2 · cites it 4× “The waiver extends only to claims for which a private analogue exists — that is, the waiver extends only to claims that could be brought against a “private individual under like circumstances,” 28 U.S.C. § 2674 — permitting the government to be held liable only “under…”
Santos Ex Rel. Beato v. United States (2009) ca3 · cites it 4× “28 U.S.C. § 2674 . To make a claim under the FTCA, a claimant first must file her claim with the administrative agency allegedly responsible for her injuries.”
Federal Aviation Administration v. Cooper (2012) scotus · cites it 3× “” 28 U. S. C. § 2674 , ¶2. At least one court has defined “actual damages” in the Copyright Act of 1909, 17 U.”
Chadd Ex Rel. Estate of Boardman v. United States (2015) ca9 · cites it 6× “How much slower than the speed limit should I drive in rain and fog?9 Should I trim this tree because a limb overhangs the sidewalk and could conceivably fall on a pedestrian in a windstorm?10 Or shall I leave it alone because of the aesthetic pleasure it gives to me and…”
Jam v. International Finance Corp. (2019) scotus · cites it 3× “§§1981 (a), 1982; Federal Tort Claims Act, 28 U. S. C. §2674 . Whatever the ultimate purpose of international organization immunity may be, the immedi- ate purpose of the IOIA immunity provision is expressed in language that Congress typically uses to make one thing continuously…”
Sanchez Ex Rel. DR-S. v. United States (2012) ca1 · cites it 6× “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government.”
Show all 2,899 citing cases →
— 28 U.S.C. § 2674(a) — 1 case
Zhao v. Unknown Agent of the Central Intelligence Agency (2009) dcd
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.