Law Enforcement and Intelligence Officer's Tort Liability Protection Act

Summary

Law Enforcement and Intelligence Officer's Tort Liability Protection Act - Amends the Federal judicial code to grant certain Federal district courts exclusive jurisdiction of civil claims against the United States under the Federal Torts Claim Act for money damages arising under the Constitution for injury to or loss of property or life caused by any investigative, law enforcement, or intelligence officer while acting within the scope of his office or employment. Empowers the head of each Federal agency to determine claims for money damages against the United States for such injuries or loss. Increases from $25,000 to $50,000 the maximum amount which an agency head may award without prior written approval of the Attorney General. Makes the United States liable for injuries or loss caused by an investigative, law enforcement, or intelligence officer while acting within the scope of employment but in violation of the Constitution. Provides criteria for the measure of damages based upon certain circumstances and the conduct of the offending officer. States that claims for such injuries must first be presented and denied by the appropriate Federal agency before the claims may be brought against the United States. Makes the remedies provided under this Act exclusive of any other civil action. Deems such remedies an equally effective substitute for recoveries sought under the Constitution against the Federal employee in an individual capacity. Requires substitution of the United States as the party defendant upon certification by the Attorney General that the defendant Federal employee was acting within the scope of employment. Subjects Federal employees to administrative investigation or disciplinary action if their actions in violation of the Constitution result in a judgment against the United States or a settlement paid by the United States. States that Federal tort claims procedure shall not apply to: (1) non-Constitutional claims; and (2) Constitutional claims arising from the activities of certain Federal instrumentalities. Retains the right of a plaintiff to a jury trial where a civil action is brought against a Federal employee in his individual capacity.

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1 official file

• Introduced in Senate

  summary · EN · 21 February 1985

  Open at official source

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