December 13, 1988
||LEO CAREY, DIRECTOR|
OFFICE OF FIELD PROGRAMS
Attached for your information is a recent memo from the Solicitor of Labor
concerning tort claims involving federal employees. It is our understanding
that although the Federal government can still be sued under the Federal Tort
Claims Act, CSHO's can no longer be sued in their individual capacity.
Under, rare circumstances, they could still be sued for a constitutional
infraction, e.g., violation of due process or revealing a confidential
Please notify your employees that if anyone is sued, they should alert my
office through the Regional Administrator and the Regional Solicitor's office
immediately, as a time limitation is imposed.
November 30, 1988
REGIONAL SOLICITORSASSOCIATE REGIONAL SOLICITORS
||GEORGE R. SALEM|
||Federal Employees Liability Reform and Tort Compensation Act of 1988|
President Reagan signed the Federal Employees Liability Reform and Tort
Compensation Act of 1988 (Public Law 100-694) on November 18, 1988. The
purpose of the Act is to protect Federal employees from personal liability
for common law torts that are committed within the scope of their employment.
The Act makes the Federal Tort Claims Act the exclusive remedy for
individuals who suffer a loss arising out of a federal employee's conduct.
Pending on, or filed on or after November 18, 1988. The Act expressly does
not apply to constitutional claims or to claims based upon a federal statute
authorizing suit against individuals. Under the Act, the Attorney General or
his designee (i.e., U.S. Attorneys and Tort Branch Directors) shall make a
certification that the employee was acting within the scope of their office
or employment at the time the incident occurred. Once this certification is
issued, the Court must dismiss the individual defendant and substitute the
United States as the sole defendant in the action.
Attached is a copy of the Department of Justice's memorandum relating to
this Act. Included in the Justice Department package is a copy of the Act,
its legislative history and an analysis. Also included is a sample
Certification and Memorandum in Support of a Motion to Substitute the United
States. If you have any questions, please contact Larry F. Gottesman, Acting
Counsel for Claims, Division of Employee Benefits at (FTS/202) 357-0439.