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1 1 (May 24, 2021)

handle is hein.crs/govedkf0001 and id is 1 raw text is: Congressional ______ SResearch Service Inforrnng the legislative debate since 1914 __________________ Supreme Court Declines Request to Revisit Precedent Barring Military Cadet's Sexual Assault Claim Against United States May 24, 2021 With various exceptions, the Federal Tort Claims Act (FTCA) enables plaintiffs to sue the United States when a federal employee commits a wrongful or negligent act that causes personal injury or death. However, in Feres v. United States, the Supreme Court held that the FTCA generally does not authorize military personnel to sue the United States for injuries arising out of military service. Although some Members of Congress, judges, and scholars have criticized Feres, the Court has consistently declined to reconsider the decision. Most recently, the Court denied certiorari in Doe v. United States, in which a West Point cadet asked the Court to narrow or overrule Feres to let her sue the United States for allegedly failing to implement adequate policies to prevent, investigate, and punish sexual assault at West Point. This Sidebar analyzes Feres, Doe, and their potential significance to Congress. The Federal Tort Claims Act A person injured by a private party's wrongful conduct may potentially file a tort lawsuit against that defendant for monetary damages. However, when afederal officer or employee allegedly commits a tort, the doctrine of sovereign immunity-which forbids private citizens from suing the government without its consent-constrains plaintiffs from suing the United States. Congress may, however, waive the United States' sovereign immunity with respect to specified claims. Accordingly, the FTCA waives the federal government's immunity from certain state law tort claims based on negligent or wrongful acts that federal officers and employees commit within the scope of their employment. However, Section 2680 of the FTCA preserves the United States' immunity from certain tort claims. For example: Section 2680(j) shields the United States from tort claims arising out of the military's wartime combatant activities; Section 2680(h) bars plaintiffs from suing the United States for certain intentional torts committed by federal employees; and Congressional Research Service https://crsreports.congress.gov LSB10602 CRS Legal Sidebar Prepared for Members and Committees of Congress

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