Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred".

[2] The Supreme Court affirmed this so-called "law enforcement proviso" in Millbrook v. United States, where a federal prisoner was allowed to bring a claim against the U.S. for intentional torts committed by federal prison guards in the scope of their employment.

Plaintiffs must file an initial administrative claim with the government agency in question within two years of the incident.

[4] The Supreme Court of the United States has limited the application of the FTCA in cases involving the military.

[5] FTCA is the "exclusive means by which a party may sue the United States for money damages ... in tort" (28 USC § 2679.

[8] The FTCA was amended by the Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, following the Supreme Court decision in Westfall v. Erwin in which the Court had found a federal employee liable for negligence in their duties.

The 1988 act amended the FTCA to make federal employees immune to tort lawsuits resulting from cases of negligence or omission in their duties, instead making the U.S. government the defending party under the FTCA, allowing the litigant to seek damages for non-constitutional violations.

[9] In 2022, a navy sailor successfully sued under the act after being hit by a vehicle driven by an active-duty military member, and received a $493,000 settlement.