Primers about How to File Suit under the Federal Tort Claims Act

There are limited ways to bring suit against federal officers, like those employed by ICE. Section 1983--typically used to sue state and local officials for constitutional violations--cannot be used to sue the feds. In 1971, the Supreme Court announced that federal officers could be sued directly under the U.S. Constitution, despite Section 1983 not applying to them, but these claims (called Bivens claims for the case that first recognized them) can only be brought under very limited circumstances.

The other avenue to relief under federal law is the Federal Tort Claims Act. Although many consider the FTCA the only viable federal path forward--except in states that have recently created state law causes of action for violations for the federal constitution (more on that later)--there are several hurdles and challenges in bringing claims under the FTCA.

Two new primers offer some very useful guidance. One, by Nora Engstrom at Stanford, is extremely comprehensive and focuses on claims arising out of Minnesota. The other, by civil rights lawyer Jim DeSimone, is more concise and focuses on claims arising out of California.

Anyone bringing, or considering suing federal officers should consult these terrific primers.