Federal Tort Claims Act: hearing before the Subcommittee on Agency Administration of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, second session, on S. 1775 ....U.S. Government Printing Office, 1982 |
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absolute immunity actions without prejudice administrative agents allegations Amendment Appendix attorneys award Bank Board behavior bill Bivens-type cease and desist Chairman common law compensation Comptroller conduct CONGRESS THE LIBRARY constitutional rights constitutional tort costs counsel COURT REVIEW 1980 damages deterrence disciplinary action dismissal without prejudice duties effect employment exclusive defendant executive officials Federal Bar Association federal employees federal officials Federal Tort Claims fees filed FTCA good-faith Government employees governmental liability incentives indemnification intentional torts interest judgment judicial judicial remedy law enforcement lawsuits legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS liquidated damages litigation misconduct motion to dismiss official liability personal liability personnel Plaintiffs qualified immunity question regulatory remedy respondeat superior responsibilities risk rules Schuck scope Senator GRASSLEY sovereign immunity street-level officials strict liability SUING OUR SERVANTS supra SUPREME COURT REVIEW tion Tort Claims Act tort law United victims vigorous decision
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208. lappuse - Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, 91 S.Ct.
77. lappuse - These considerations suggest that, in varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.
193. lappuse - States or of any state an action based on or including the same claim. (2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper.
147. lappuse - Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States...
27. lappuse - Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section.
208. lappuse - ... failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees. (b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. (c) All repairs to equipment furnished under this contract shall be made by the Contractor...
203. lappuse - United States Senate Washington, DC 20510 Dear Mr. Chairman: I am writing to express my strong support for adequate funding for the Office of the United States Trade Representative.
54. lappuse - An agent acting — albeit unconstitutionally — in the name of the United States possesses a far greater capacity for harm than an individual trespasser exercising no authority other than his own.
141. lappuse - Insubstantial lawsuits can be quickly terminated by federal courts alert to the possibilities of artful pleading. Unless the complaint states a compensable claim for relief . . ., it should not survive a motion to dismiss. Moreover, the Court recognized in Scheuer that damages suits concerning constitutional violations need not proceed to trial, but can be terminated on a properly supported motion for summary judgment based on the defense of immunity.
26. lappuse - For the purpose of this subsection, "investigative or law enforcement officer" means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law...