Tuesday, May 04, 2004

"The U.S. government, like other sovereign entities, enjoys sovereign immunity from liability for its agents' tortious acts. Doe v. U.S., 838 F.2d 220 (7th Cir. 1988). Congress waived this immunity for a wide range of tort claims when it enacted the Federal Tort Claims Act. The FTCA permits a tort suit against the United States 'where injury to person or property is "caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment.' " While this waiver of sovereign immunity is broad, it is not without limit. Calderon v. U.S., 123 F.3d 947 (7th Cir. 1997) (explaining that 'many important classes of tort claims are excepted from the act's coverage'). For example, the government has not consented to be sued for the intentional torts of its employees and agents. 28 U.S.C. sec2680(h); Sheridan v. U.S., 487 U.S. 392, 108 S.Ct. 2449, 101 L.Ed.2d 352 (1988). The FTCA contains a jurisdictional limitation that specifies that its 'broad grant of jurisdiction "shall not apply to ... any claim arising out of assault, battery" or other specified intentional torts.' (28 U.S.C. sec2680(h))."