A bill to amend title 28 of the United States Code to provide for an exclusive remedy against the United States in suits based upon acts or omissions of United States employees, to provide a remedy against the United States with respect to constitutional torts, to establish procedures whereby a person injured by a constitutional tort may initiate and participate in a disciplinary inquiry with respect to such tort, and for other purposes.

Summary

Amends the Federal Tort Claims Act to make a tort claim resulting from a Government employee's negligent act which was within the scope of his office or employment exclusive of any other civil action arising out of the same subject matter. Requires the substitution of the United States as the party defendant upon certification by the Attorney General that the defendant employee was acting within the scope of his employment. Makes such certification binding and conclusive. Establishes a constitutional tort remedy against the United States for an act of a Government employee which the Attorney General certifies was within the scope of such employee's office or employment. Prohibits the United States from asserting as a defense in any such constitutional tort action: (1) the absolute or qualified immunity of the defendant employee; or (2) such employee's reasonable good faith belief in the lawfulness of his conduct, but allows such defenses if the complaint is against a Member of Congress, judge, prosecutor, or person performing similar functions. Permits a successful plaintiff to recover actual damages or liquidated damages up to $15,000. Directs the Attorney General, where an action results in a judgment against the United States, to forward the matter to the employing agency for further investigation or disciplinary action. Eliminates as exceptions to the Federal Tort Claims Act claims which: (1) are based upon an act or omission of an employee exercising due care or involving a discretionary function; or (2) arise in a foreign country.

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1 official file

• Introduced in House

  summary · EN · 5 January 1981

  Open at official source

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