Jurisdiction for Personal Injury Claims Against the Federal Government
The federal government is responsible for damages caused by its violation of a victim’s federal constitutional rights. Victims can sue the government itself, individual employees, or government agencies. Because these claims are unique, jurisdiction has been established based on federal law. Jurisdiction will also depend on the type of claim that the victim is asserting.
Mandamus Jurisdiction
In some circumstances, a victim may want to compel a federal officer, employee, or agency to perform a certain type of duty that they are obligated under the law to perform. This occurrence is generally referred to as “mandamus.” Federal law permits individual citizens the right to force federal officials to do their job. This remedy is available only if the victim had an apparent right based on a “nondiscretionary duty,” and there is no other available remedy.
Only federal courts can deal with mandamus claims. There is no need to meet an amount in controversy requirement as you would have to do in a standard personal injury case.
Administrative Procedure Act
When an agency commits a wrong against a person, the Administrative Procedure Act (“APA”) allows individuals to sue agencies of the federal government that are acting under federal law. The APA eliminates sovereign immunity when the victim is seeking money damages and is claiming that the agency or its representative acted or failed to act in their official capacity.
From a jurisdictional standpoint, the APA does not confer separate jurisdictional requirements. Instead, most victims attempting to sue a federal agency will assert their claim in federal court under the “federal question” requirements. That is, because the issue deals with federal law, a federal court is the appropriate location where it should be heard.
Federal Tort Claims Act
Most tort claims against the federal government will fall under the Federal Tort Claims Act (“FTCA”). The Federal District Court has exclusive jurisdiction over civil claims against the United States for money damages related to injuries, loss of property, or death caused by a wrongful act or omission by a government employee. To bring a claim, the employee must have been acting in his or her office of employment. An individual only has a viable claim when a “private person” would have been liable.
The federal government has only waived its sovereign immunity for particular circumstances. The waiver does not apply to:
- Claims based on injuries obtained in a foreign country
- Intentional torts
- Discretionary acts of government employees
- Misrepresentation
- Claims that would inappropriately disclose sensitive military matters
Punitive damages, damages that are designed to punish the wrongdoer, are specifically not allowed under the FTCA. Nonetheless, individuals who bring claims under the Act can obtain damages more than their actual losses.
Certain procedural requirements must be met before you can assert a claim under the FTCA. For example, you may need to file an administrative claim with a federal agency before filing with the District Court. An experienced personal injury attorney can help you with this process so that you are not violating any jurisdictional or procedural requirements. Contact us for more information.
