FTCA

Aug 13, 2025

Ellis Boyle sworn in as Eastern District U.S. attorney

Ellis Boyle, a veteran litigator and former assistant U.S. attorney, has been sworn in as U.S. attorney for North Carolina’s Eastern District.

Jun 16, 2025

SCOTUS revives tort claims over FBI search of wrong house

The Supreme Court revives a lawsuit against the FBI for a 2017 wrong-house raid, clarifying the scope of the Federal Tort Claims Act.

Sep 3, 2024

4th Circuit: United States dismissed from wrongful death suit

A federal court dismissed a wrongful death claim under the Federal Tort Claims Act involving a Marine's murder of his grandmother due to jurisdictional issues, despite arguments of negligence by his commander.

Feb 2, 2017

Tort/Negligence – FTCA – Subject Matter Jurisdiction – Agency Policy – Unsafe Ladder/Door Combo

Hinson v. United States (Lawyers Weekly No. 002-004-17, 12 pp.) (Terrence Boyle, J.) 514-cv-00877; E.D.N.C. Holding: The discretionary-function exception to the Federal Tort Claims Act‘s waiver of sovereign immunity does […]

Jan 11, 2017

Tort/Negligence – No FTCA Claim for Injury at Navy Training Facility

Wood v. U.S. (Lawyers Weekly No. 001-011-17, 22 pp.) (Niemeyer, J.) No. 15-2106, Jan. 4, 2017; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: A Norfolk sheriff’s deputy who […]

Nov 30, 2016

Civil Practice – FTCA Med-Mal Claim Filed Too Late

Raplee v. U.S. (Lawyers Weekly No. 001-165-16, 17 pp.) (Motz, J.) No. 14-1217, Nov. 22, 2016; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit affirms dismissal […]

Mar 14, 2016

Tort/Negligence – FTCA – Wrongful Death – Gross Negligence – Legal U-Turn

Garcia v. United States (Lawyers Weekly No. 002-010-16, 13 pp.) (Louise Flanagan, J.) 4:14-cv-00088; E.D.N.C. Holding: Even though a Marine’s U-turn attempt was legal, since (1) he had been warned […]

Oct 1, 2015

Tort/Negligence – FTCA – Exhaustion of Administrative Remedies – Claim Amendment – Reset Clock

Weston v. United States (Lawyers Weekly No. 15-03-0925, 26 pp.) (William Osteen Jr., J.) 1:15-cv-00084; M.D.N.C. Holding: After plaintiff was injured in an auto accident with an employee of the […]

Aug 31, 2015

Constitutional – First Amendment – Bivens Action – FTCA – Jehovah’s Witness – VA Medical Procedure

Clinton v. Brown (Lawyers Weekly No. 15-04-0844, 11 pp.) (Frank Whitney, J.) 3:15-cv-0048; W.D.N.C. Holding: A constitutional remedy under Bivens v. Six Unknown Named Agents of the Federal Bureau of […]

Sep 13, 2012

Tort/Negligence – FTCA – Intentional Torts – Law Enforcement Proviso – TSA Screeners – Limited Search Authority

Weinraub v. United States Under the Federal Tort Claims Act, the U.S. has waived sovereign immunity for certain intentional torts committed by investigative or law enforcement officers.

Mar 22, 2012

Tort/Negligence – FTCA – Assault – Pentagon Police Officer

Ignacio v. U.S. A Pentagon police officer who allegedly assaulted a contract security officer assigned to the Pentagon, while the two were stationed at a Pentagon security checkpoint, does not have sovereign immunity from a suit for assault under the Federal Tort Claims Act; the 4th Circuit reverses the district court decision that the U.S. was immune from suit because the police officer [...]

Feb 2, 2012

Tort/Negligence – FTCA – Scope of Employment – National Guard – Assault on Recruit – Negligent Supervision

Pittman v. United States Even though the Federal Tort Claims Act does not waive the government’s sovereign immunity with regard to intentional torts, plaintiff has nevertheless stated a claim by alleging that a National Guard sergeant failed to intervene while a specialist under his command gave alcohol to a 17-year-old recruit and engaged in sexual relations with her.