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Litigation glossary
Legal structure

Federal Tort Claims Act (FTCA) Exceptions

Statutory carve-outs within the FTCA that preserve the federal government's sovereign immunity for specific categories of tort claims even though the Act generally waives immunity for torts committed by federal employees.

The FTCA is a limited waiver of sovereign immunity allowing tort suits against the United States for the negligent or wrongful acts of federal employees acting within the scope of employment, under the law of the place where the act occurred. The waiver is not absolute; Congress carved out categories of claims where immunity remains intact.

The most heavily litigated carve-out shields discretionary functions, preserving immunity for policy-based decisions even when the decision was arguably wrong. Other exceptions bar most intentional torts, such as assault, battery, false imprisonment, and misrepresentation, though a separate proviso restores liability for certain intentional torts committed by federal law enforcement officers. Additional exceptions cover claims arising in a foreign country, combatant activities during wartime, and claims arising from the assessment or collection of taxes, among others.

A simulation of a claim against the federal government can model each exception as a binary gate on the relief space — toggling the discretionary-function or intentional-tort exception on and off shows a user how much of the projected trajectory tree simply disappears once an exception applies, independent of how strong the underlying negligence case looks.

In litigation

How it actually shows up

Counsel evaluating a claim against a federal agency or employee maps the alleged conduct against each statutory exception early, since an applicable exception is a complete jurisdictional bar rather than a merits defense, and can end the case regardless of how well-documented the underlying harm is.

Questions
Does the FTCA allow suits for intentional torts by federal employees?
Most intentional torts are excepted from the FTCA's waiver, though a proviso restores certain intentional-tort claims — such as assault, battery, and false imprisonment — when committed by federal law enforcement officers.
Is the discretionary function exception the same as qualified immunity?
No. The discretionary function exception is a jurisdictional limit on the government's own liability under the FTCA, distinct from qualified immunity, which protects individual officials from personal liability in constitutional tort claims.
Can an FTCA exception be waived by the government's litigation conduct?
Generally no. FTCA exceptions are treated as defining the scope of the waiver itself, so they function as jurisdictional limits that a court can raise even if not initially argued.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.

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simulation, not prediction — not legal advice