Main content

Federal Tort Claims Against Federal Judiciary Personnel

The Federal Tort Claims Act (FTCA) sets forth procedures for presenting and resolving administrative 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, 28 U.S.C. §§ 2671-2680, 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:

  1. he or she was injured, or his or her property was damaged by a federal government employee;
  2. the employee was acting within the scope of his or her official duties;
  3. the employee was acting negligently or wrongfully; and
  4. the negligent or wrongful act proximately caused the injury or damage of which he or she 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.