Federal employees, torts, and the westfall act of 1988
By: LEE, D. Robert
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Material type: 
ArticlePublisher: Malden, MA : Blackwell Publishers, jul./aug. 1996Public administration review : PAR 56, 4, p. 334-340Abstract: What have been the implications of the 1988 Federal employess Liability reform and tort compensation act? The estfall act was pased in 1988 to re-immunize federal workers from suits in common law tort, such as negligence. The act was passed to overturn a Supreme court decision that caused a crisis affecting employees in all theree branches of government. The law accomplished its main purpose but also has led to a set of new issues. Federal courts are in disagreement over the process by which the attorney general may transform a suit from being ano against an individual to one this certification process is possible. Experience with the law involves doctrines about legislative intent, delegation of powers, and exhaustion of administrative remedies. For both those bringing suits and those being sued, the process is frustrating in that extended delays may occur while the courts determine in what court a case should be heard - federal district court or a state court - and who the defendant should be - the federal government or the federal employee.
What have been the implications of the 1988 Federal employess Liability reform and tort compensation act? The estfall act was pased in 1988 to re-immunize federal workers from suits in common law tort, such as negligence. The act was passed to overturn a Supreme court decision that caused a crisis affecting employees in all theree branches of government. The law accomplished its main purpose but also has led to a set of new issues. Federal courts are in disagreement over the process by which the attorney general may transform a suit from being ano against an individual to one this certification process is possible. Experience with the law involves doctrines about legislative intent, delegation of powers, and exhaustion of administrative remedies. For both those bringing suits and those being sued, the process is frustrating in that extended delays may occur while the courts determine in what court a case should be heard - federal district court or a state court - and who the defendant should be - the federal government or the federal employee.
Public administration review PAR
July/August 1996 volume 56 numero 4
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