Federal Employees Liability Reform and Tort Compensation Act

E494923

The Federal Employees Liability Reform and Tort Compensation Act is a U.S. statute that makes the federal government, rather than individual federal employees, the defendant in most tort lawsuits arising from employees’ official acts.

All labels observed (3)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf United States federal statute ⓘ
liability reform statute ⓘ
tort law statute ⓘ
aimsTo ensure uniform treatment of tort claims against federal employees ⓘ
protect federal employees from the burden of personal-capacity tort litigation ⓘ
amends Federal Tort Claims Act ⓘ
appliesTo federal employees acting within the scope of their office or employment ⓘ
appliesToJurisdiction federal government of the United States ⓘ
authorizes Attorney General of the United States to certify scope of employment for substitution purposes ⓘ
changesDefendant substitutes the United States for individual federal employees in covered tort suits ⓘ
citationStyle Federal Employees Liability Reform and Tort Compensation Act of 1988 ⓘ
clarifies relationship between individual-capacity suits and Federal Tort Claims Act remedies ⓘ
codifiedIn Title 28 of the United States Code ⓘ
countryOfJurisdiction United States ⓘ
effectOnLiability shields individual federal employees from personal liability for common-law torts committed within the scope of their employment ⓘ
enactedBy United States Congress ⓘ
establishes that the remedy against the United States under the Federal Tort Claims Act is exclusive for covered claims ⓘ
excludes certain intentional torts already excluded under the Federal Tort Claims Act exceptions ⓘ
claims arising from constitutional violations ⓘ
claims where federal employees act outside the scope of employment ⓘ
governs procedure for certifying scope of employment in tort suits against federal employees ⓘ
tort suits arising from official acts of federal employees ⓘ
tort suits in federal and state courts involving federal employees’ official acts ⓘ
hasAlternativeName Westfall Act ⓘ
legalArea United States federal tort law ⓘ
federal employment law ⓘ
limits personal-capacity tort suits against federal employees ⓘ
linkedTo Federal Tort Claims Act ⓘ
motivatedBy Supreme Court decision in Westfall v. Erwin ⓘ
namedAfter Westfall v. Erwin ⓘ
policyGoal to balance compensation for injured parties with protection of federal employees performing official duties ⓘ
primaryPurpose to make the United States the exclusive defendant for most torts committed by federal employees acting within the scope of employment ⓘ
protects federal employees from personal liability for certain common-law torts ⓘ
provides exclusive remedy against the United States for certain tort claims arising from acts of federal employees ⓘ
that upon certification the United States shall be substituted as the party defendant ⓘ
publicLawNumber Public Law 100-694 ⓘ
relatedCaseLaw Osborn v. Haley ⓘ
Westfall v. Erwin ⓘ
relatedTo sovereign immunity of the United States ⓘ
requires substitution of the United States as party defendant in place of a federal employee for covered tort claims ⓘ
scope most tort lawsuits arising from federal employees’ official acts ⓘ
signedBy President of the United States ⓘ
subjectMatter sovereign immunity ⓘ
substitution of the United States as defendant ⓘ
tort liability of federal employees ⓘ
typeOfLiabilityAddressed common-law tort liability ⓘ
yearEnacted 1988 ⓘ

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

United States sovereign immunity law → implementedBy → Federal Employees Liability Reform and Tort Compensation Act ⓘ
Federal Tort Claims Act → relatedTo → Federal Employees Liability Reform and Tort Compensation Act of 1988 ⓘ
linked to: Federal Employees Liability Reform and Tort Compensation Act
Federal Employees Liability Reform and Tort Compensation Act → citationStyle → Federal Employees Liability Reform and Tort Compensation Act of 1988 ⓘ
linked to: Federal Employees Liability Reform and Tort Compensation Act
Federal Employees Liability Reform and Tort Compensation Act → authorizes → Attorney General of the United States to certify scope of employment for substitution purposes ⓘ
linked to: Federal Employees Liability Reform and Tort Compensation Act