Search
  • Freeway Law

Federal Tort Claims Act removed sovereign immunity from suits for personal injury

This case law update brought to you by FreewayLaw.com personal injury attorneys, representing injured clients in California and Nevada. If you've been injured, contact FreewayLaw.com attorneys for a free, no obligation consultation. We only represent injured individuals, not insurance companies. The following case is not one of our cases, but it is of significance, and we thought we should share it with our readers for informational purposes.


Iverson v. United States

Court: US Court of Appeals for the Eighth Circuit

Docket: 18-3137

Opinion Date: August 31, 2020


The Federal Tort Claims Act (FTCA) removed sovereign immunity from suits for “injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission” of a federal employee acting within the scope of his employment, 28 U.S.C. 1346(b)(1)). The FTCA generally exempts intentional torts, which remain barred by sovereign immunity. The “law-enforcement proviso” allows plaintiffs to file claims arising “out of assault, battery, false imprisonment, false arrest, abuse of process, [and] malicious prosecution” that are the result of “acts or omissions of investigative or law enforcement officers of the United States Government” and defines investigative or law enforcement officer as “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.” Iverson went through security at the Minneapolis-St. Paul airport, walking with the aid of crutches. Transportation Security Officers (TSOs) performed a pat-down search; Iverson was allowed to place his hands on his crutches but had to stand on his own power. Iverson alleges that a TSO pulled him forward and then abruptly let go, causing Iverson to fall and be injured. The TSA denied an administrative claim. Iverson sued, asserting battery and negligence. The Eighth Circuit reversed the dismissal of the case, finding that TSOs satisfy the FTCA’s definition of an investigative or law enforcement officer.

2 views

Office Address:

2090 North Tustin Avenue

Suite 250A

Santa Ana, CA 92705

T: (949) 431-6726‬

F: (949) 209-1954

​E:Info@freewaylaw.com

  • Instagram
  • Facebook
  • Twitter
  • LinkedIn Social Icon
  • Twitter

THIS WEBSITE IS ATTORNEY ADVERTISING.

NO ATTORNEY-CLIENT RELATIONSHIP NOR PRIVILEGE IS FORMED

BY AND THROUGH THE USE OF THIS WEBSITE.