Most people know the Federal Tort Claims Act (FTCA) lets you sue the government for negligence—like a medical mistake at a VA hospital or a slip-and-fall at a post office. But what about intentional misconduct, such as assault, false arrest, or abuse by a federal law enforcement officer?
Can you sue for that?
The answer is sometimes. And it all depends on one critical carve-out known as the Law Enforcement Exception.
At National Security Law Firm, we help victims of government misconduct—veterans, travelers, employees, and everyday citizens—understand their rights and pursue justice under the FTCA. Here’s how intentional torts work when the government is involved.
What Is an “Intentional Tort”?
An intentional tort is a wrongful act committed on purpose. Unlike negligence, which involves carelessness, intentional torts involve deliberate or reckless behavior.
Common examples include:
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Assault and battery
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False arrest or false imprisonment
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Malicious prosecution
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Abuse of process
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Trespass
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Invasion of privacy
In everyday situations, you could sue the person who committed the act. But when that person is a federal employee, things get complicated—because of sovereign immunity and the FTCA’s limitations.
The FTCA’s General Rule: No Lawsuits for Intentional Torts
Normally, the FTCA does not allow lawsuits for intentional torts. That means if a federal employee assaults you or wrongfully detains you, you can’t automatically sue the government for it.
This rule was designed to protect the United States from being sued for every intentional act of its employees—especially those outside their official duties.
But Congress recognized that federal law enforcement officers have special authority and power—and that sometimes, those powers are abused. That’s why it created a narrow exception to this rule.
The Law Enforcement Exception Explained
The Law Enforcement Exception allows you to sue the United States for certain intentional torts committed by federal investigative or law enforcement officers acting within the scope of their employment.
This includes officers who are empowered by law to execute searches, seize evidence, or make arrests, such as:
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FBI agents
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DEA agents
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Secret Service agents
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Federal marshals
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TSA officers
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ICE and CBP agents
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Federal correctional officers
If one of these officers commits an intentional tort while performing official duties—like assaulting you during an arrest or detaining you without cause—you may have a valid claim against the government under the FTCA.
What You Can Sue For Under the Law Enforcement Exception
The law enforcement exception covers the following intentional torts:
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Assault
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Battery
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False imprisonment
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False arrest
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Abuse of process
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Malicious prosecution
These are the only intentional torts Congress expressly permitted under this exception.
Example:
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A TSA agent uses excessive force during a security screening.
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A federal marshal arrests you without probable cause.
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An ICE officer holds you beyond legal authority.
In each of these cases, the officer’s actions may qualify under the law enforcement exception, giving you the right to sue the United States for damages.
When the Exception Does Not Apply
The law enforcement exception has strict boundaries. It won’t apply if:
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The wrongdoer wasn’t a federal law enforcement officer (for example, a VA nurse, federal clerk, or contractor).
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The officer wasn’t acting within the scope of their job when the incident occurred.
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The claim involves other types of intentional torts, like defamation, libel, or interference with contracts.
If your situation doesn’t qualify under the exception, you may still have another path—such as filing a Bivens claim (a constitutional lawsuit against individual officers) or a state-law claim if contractors were involved.
Our attorneys can help determine which route gives you the strongest chance of success.
How to File a Law Enforcement Exception Claim
The process for these cases mirrors a standard FTCA claim:
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File an Administrative Claim (SF-95) with the agency responsible for the officer (for example, the FBI, DEA, or DHS).
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Include a sum certain—the exact dollar amount of your damages.
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The agency has six months to respond.
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If denied or ignored, you can file suit in federal district court.
👉 Download the SF-95 Form
Because these cases involve both federal tort law and law enforcement authority, they require a deep understanding of both sides of the system. That’s why having attorneys with government experience matters.
Why Choose National Security Law Firm
At National Security Law Firm, our attorneys have served as federal prosecutors, military JAG officers, and government counsel—the same types of roles now on the other side of your case.
We know how federal agencies defend their officers, and we know how to hold them accountable.
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4.9-star Google Reviews
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Nationwide representation from our Washington, D.C. headquarters
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Legal financing options through Pay Later by Affirm
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Free, no-pressure consultations
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Contingency-based fees (you don’t pay unless we win)
When a federal officer crosses the line, we step in to draw it back.
National Security Law Firm: It’s Our Turn to Fight for You.
Ready to Take the Next Step? Let’s Talk.
If you’ve been assaulted, wrongfully arrested, or mistreated by a federal officer, you may have a claim under the Law Enforcement Exception to the FTCA.
📞 Call 202-600-4996 or book your free consultation online.
Our attorneys will review your case, determine whether it qualifies under the FTCA, and take immediate steps to protect your rights.
Learn More About FTCA Claims
For more guides, case examples, and filing tips, visit our FTCA Resource Center to explore:
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What Is a Sum Certain and How to Calculate It
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What to Do if the Government Denies Your FTCA Claim
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Who You Can Sue Under the FTCA
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How Long You Have to File an FTCA Claim
If a federal officer abused their power, you have the right to fight back—and we’re here to help you do it.
National Security Law Firm: It’s Our Turn to Fight for You.