Federal Tort Claims Act (FTCA)

The US Supreme Court recently ruled that tort immunity under the Federal Tort Claims Act (FTCA) does not extend to an assault committed by a federal law enforcement officer acting within the scope of his or her employment, even if the officer was not engaged in a law enforcement activity at the time of the tort. The high court agreed to hear the case after split developed within the federal appeals courts over the application of the law enforcement exception to sovereign immunity for certain intentional torts, also known as the “law enforcement proviso.”

The split was brought to the attention of the Supreme Court after a case successfully argued by Stephen M. Terpak in the Fourth Circuit Court of Appeals was cited by the US Solicitor General in a brief.  The case successfully argued by Mr. Terpak has been cited in 10 cases across the country on issues of sovereign immunity, the FTCA, and statutory construction.

Stephen Terpak is a Virginia Personal Injury and Traffic Lawyer. Offices located at 7540 Little River Tnpk, Suite A, Annandale, VA 22003

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