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.
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Frequently asked questions
What is jurisdictional under the FTCA?
Which deadlines are strictly enforced?





