28 U.S.C. § 2680(A)

179 Florida cases classified under this topic · sorted by citation count · browse and sort

• Hooker v. United States Dep't OF Health & Human Servs.
  858 F.2d 525· 9th Cir.· 1988-09-29 ·cited 2×
  The court held that 42 U.S.C. § 405(h) bars state law tort claims brought under the FTCA for wrongful termination of Social Security disability benefits, and that a federal due process claim is precluded by the Social Security Act's remedial scheme.
• del Valle v. United States
  856 F.2d 406· 1st Cir.· 1988-09-09 ·cited 2×
  The court held that the Air Force's decisions regarding the supervision of the Panthers Military Society constituted discretionary functions, exempting the United States from liability under the FTCA.
• McQUADE v. United States
  839 F.2d 640· 9th Cir.· 1988-02-19 ·cited 2×
  The Federal Tort Claims Act does not provide relief for unlawful incarceration exceeding legal limits when custodial officers followed court orders and regulations.
• Prelvitz v. Milsop
  831 F.2d 806· 8th Cir.· 1987-10-26 ·cited 2×
  The court held that the Customs Inspector's suggestion for one of the intoxicated individuals to drive did not create a special duty of care under Minnesota law, nor did it constitute an undertaking under the Good Samaritan doctrine, and was a discretionary function immune from l
• Totten v. United States
  806 F.2d 698· 6th Cir.· 1986-12-09 ·cited 2×
  The court held that the Air Force's decisions regarding safety protocols and delegation of safety responsibilities to a contractor fall under the discretionary function exception of the Federal Tort Claims Act, barring suit against the United States.
• Lippman v. City of Miami
  622 F. Supp. 2d 1337· S.D. Fla.· 2008-07-24 ·cited 1×
  The court held that the Federal Tort Claims Act (FTCA) claim was barred by sovereign immunity exceptions, specifically the detention of goods and discretionary function exceptions.
• Crider v. United States
  885 F.2d 294· 5th Cir.· 1989-10-10 ·cited 1×
  The court held that Texas law does not impose a duty on law enforcement officers or private citizens to restrain an intoxicated driver, thus the United States cannot be held liable under the FTCA for the park rangers' actions.
• Heller v. United States
  620 F. Supp. 270· M.D. Fla.· 1985-09-18 ·cited 1×
  The FAA's medical certification process is a discretionary function excepted from the Federal Tort Claims Act, precluding liability for alleged negligence.
• Doe v. United States
  533 F. Supp. 245· S.D. Fla.· 1982-02-11 ·cited 1×
  The government was negligent in failing to provide adequate security at a post office lobby left open 24 hours, making a violent criminal act foreseeable and thus liable under the Federal Tort Claims Act.
• Henretig v. United States
  490 F. Supp. 398· S.D. Fla.· 1980-05-29 ·cited 1×
  The court held that the government was not liable for the plaintiff's injuries because the conditions of the trail were obvious, the decision not to develop the area with boardwalks and handrails was discretionary, and the plaintiff's own negligence caused her fall.
• Baca v. United States
  467 F.2d 1061· 10th Cir.· 1972-10-16 ·cited 1×
  The court held that the plaintiffs failed to state a claim under the Federal Tort Claims Act because their amended complaint lacked factual allegations to establish Sandia Corporation as an instrumentality of the United States and did not overcome statutory exceptions.
• Curtrina Martin v. USA
  11th Cir.· 2026-10-07
  The discretionary-function exception under 28 U.S.C. § 2680(a) bars all of the plaintiffs' FTCA claims arising from the wrong-house raid, including claims for false arrest, false imprisonment, assault, battery, trespass, and negligence, because the planning and execution of a war
• Alvarez v. United States
  S.D. Fla.· 2024-08-28
  The court held that the discretionary function exception to the Federal Tort Claims Act does not apply to claims arising from a correctional officer's sexual assault of an inmate, as such conduct is not a protected discretionary act.
• Coates v. United States Dep't of Just.
  S.D. Fla.· 2020-11-03
  The court held that the FTCA negligence claim regarding the operation of the prison transport van may proceed against the United States, but claims for failure to secure with a seatbelt, medical negligence, and Bivens deliberate indifference are dismissed.
• Lopez v. United States
  M.D. Fla.· 2020-03-27
  The court held that the FTCA discretionary function exception barred the claim regarding hot showers, but the plaintiff stated a plausible FTCA claim for exposure to heat and UV rays. The FOIA claim was dismissed for failure to exhaust administrative remedies.
• Airplanes of Boca, Inc. v. United States Ex Rel. Fed. Aviation Admin.
  254 F. Supp. 2d 1304· S.D. Fla.· 2003-03-14
  The court held that the United States is immune from liability under the discretionary function exception of the FTCA regarding air traffic control's weather information dissemination policies and training, and that the pilot's own actions and responsibilities were the proximate
• Acosta v. United States
  207 F. Supp. 2d 1365· S.D. Fla.· 2001-10-04
  The court held that negligence claims against the United States arising from an employee's assault and battery are barred by the Federal Tort Claims Act's intentional tort exception, unless the liability arises from a duty independent of the employment relationship.
• Carley v. Wheeled Coach
  991 F.2d 1117· 3d Cir.· 1993-04-16
  The court held that the Boyle federal government contractor defense does not extend to nonmilitary government contracts, and that the Virgin Islands does not recognize a government contractor defense under its strict products liability law.
• In re Sabin Oral Polio Vaccine Prods. Liab. Litig. Deborah Miller v. United States
  984 F.2d 124· 4th Cir.· 1993-01-21
  The court held that the discretionary function exception to the Federal Tort Claims Act did not bar claims where the government agency violated specific regulations governing vaccine release.
• Daraxa Lee Mattice v. United States
  969 F.2d 818· 9th Cir.· 1992-07-14
  The dissenting judge would hold that the protection of Cal. Civ. Code § 846 is not available to the federal government when the alleged negligence involves failing to maintain adequately a paved, public road that appears to be an ordinary street or highway.
• Lockett v. United States
  938 F.2d 630· 6th Cir.· 1991-07-03
  The court should not have granted summary judgment for the EPA based on the discretionary function exception.
• Commercial Union Ins. Co. v. United States
  928 F.2d 176· 5th Cir.· 1991-04-11
  The court held that the insurers' claim against the United States for negligent approval of respiratory equipment was barred by the misrepresentation exception of the Federal Tort Claims Act because the claim's causal chain depended on the dissemination of misinformation.
• Chernock v. United States
  718 F. Supp. 900· N.D. Fla.· 1989-06-14
  The court held that the government is not liable under the Federal Tort Claims Act for injuries allegedly caused by RF radiation exposure, as the evidence did not support claims of negligence, ultrahazardous activity, or failure to warn, and discretionary functions were protected
• Wendler v. United States
  782 F.2d 853· 10th Cir.· 1985-12-18
  The court held that the district court did not err in applying the discretionary function exception to bar the plaintiff's claim for lost income.