Federal Tort Claims
These regulations apply to administrative claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, and state the procedures for presenting and resolving monetary claims for personal injury, property damage or death arising from the alleged negligence of officers and employees of the federal judiciary acting in the scope of their official duties.
Under the FTCA, individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting within his or her official duties may file a claim with the government for reimbursement for that injury or damage. To state a valid claim, the claimant must demonstrate that:
- he was injured or his property was damaged by a federal government employee;
- the employee was acting within the scope of his official duties;
- the employee was acting negligently or wrongfully; and
- the negligent or wrongful act proximately caused the injury or damage of which he complains.
The claimant must also provide documentation establishing that his claim satisfies all the elements of the FTCA. The procedures laid out here apply only to claims arising from alleged conduct of officers and employees of the federal judiciary.
Federal Tort Claims (pdf) (Guide to Judiciary Policy, Vol. 20, Ch. 2)