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Have you had experience litigating under government immunity exceptions?

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Particularly those involving civil rights violations, or willful, illegal actions by government employees which have caused harm?

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  1. Are you talking about state or federal cases?  It is pretty darn hard to sue governmental agencies, especially the Federal Government. There are certain exemptions, however.  The  Federal Tort Claims Act (28 U.S.C. § 1346(b) and 28 U.S.C. § 2671–2680) constitutes a LIMITED waiver of certain sovereign immunity.  It exempts a number of INTENTIONAL torts, such as trespass, assault and battery, invasion of privacy, libel, and slander, and false imprisonment if committed by federal law enforcement officers.  The FTCA also exempts claims based upon the performance, or failure to perform, a "discretionary function or duty."  

    The FTCA also permits persons to sue the government of the United States in federal court for money damages for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.

    Liability under the FTCA is limited to  "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. § 1346(b).

    Finally, as with everything in life, there are exceptions to the exceptions.  

    I don't think this exactly answers your questions, but I hope it helps.  As far as suing for willful illegal actions, it would appear that the FTCA would make such an exception possible if you can prove it was an intentional tort.  


  2. Yes, both State and Federal.

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