Sovereign Immunity (Federal)

Sovereign Immunity (Federal)

Sovereign Immunity (Federal)

The United States may be sued only where Congress has waived immunity. The Federal Tort Claims Act provides a limited waiver subject to exceptions including discretionary functions and intentional torts.

Waivers are construed narrowly.

Alternative Names:

Federal Sovereign Immunity|United States Immunity

Why it Matters?

Administrative exhaustion under the Federal Tort Claims Act is jurisdictional, requiring presentment of the claim to the agency and either denial or six months of inaction before suit, and failure to exhaust defeats the action regardless of merit. The two-year presentment deadline and six-month filing deadline after denial are both strictly enforced. Discretionary function and intentional tort exceptions eliminate broad categories of claims.

Frequently Confused with

Related terms

Frequently asked questions

What is jurisdictional under the FTCA?

What is jurisdictional under the FTCA?

Administrative exhaustion, requiring agency presentment and denial or six months of inaction before suit.

Which deadlines are strictly enforced?

Which deadlines are strictly enforced?

Two years for presentment and six months for filing after denial.