Most people have heard that “you can’t sue the federal government.” That used to be true — until Congress passed the Federal Tort Claims Act (FTCA), which allows people to recover money damages when a federal employee’s negligence causes injury, death, or property loss.

But what many don’t realize is that the FTCA includes a critical exception that changes everything for victims of federal law enforcement misconduct: 28 U.S.C. § 2680(h) — commonly known as the law enforcement proviso or law enforcement exception.

If you’ve been assaulted, falsely arrested, or otherwise mistreated by a federal officer, this is the law that allows you to hold the government accountable.

At National Security Law Firm (NSLF), we know this provision inside and out — because many of our attorneys used to enforce it. Now, we use that insider knowledge to fight for victims and maximize every settlement or judgment.

What the Law Enforcement Exception Says

Under § 2680(h), the federal government waives immunity for intentional torts committed by federal law enforcement officers acting within the scope of their employment.

This includes:

  • Assault

  • Battery

  • False imprisonment

  • False arrest

  • Abuse of process

  • Malicious prosecution

Without this exception, victims of intentional misconduct — such as being beaten, wrongfully detained, or falsely accused — would have no way to sue the government.

The law enforcement exception restores that right, giving victims a path to justice through the FTCA.

Who Counts as a “Law Enforcement Officer”?

A law enforcement officer is defined as any federal officer who has authority to execute searches, seize evidence, or make arrests for violations of federal law.

This definition includes a wide range of federal personnel, such as:

  • FBI agents

  • DEA agents

  • ATF agents

  • U.S. Marshals and Deputy Marshals

  • Secret Service officers

  • Homeland Security Investigations (HSI) agents

  • Border Patrol and ICE officers

  • TSA agents and Federal Air Marshals

  • Federal Protective Service officers (who guard federal buildings)

  • Park Rangers with arrest powers

  • Postal Inspectors

If one of these officers commits an intentional act — such as an unlawful arrest, use of excessive force, or physical assault — the FTCA allows you to bring a claim directly against the United States Government for damages.

Examples of FTCA Law Enforcement Claims

Example 1: False Arrest by a Federal Agent
An innocent person is detained by DEA agents after being mistaken for someone else with a similar name. During the arrest, agents use excessive force, leaving the victim with broken ribs and emotional trauma.
✅ Action: The victim files an FTCA claim for false arrest, assault, and battery under § 2680(h).

Example 2: TSA Assault During Screening
A TSA officer ignores medical documentation and aggressively searches a passenger, causing injury to a surgical implant site.
✅ Action: The passenger files an FTCA claim for assault and negligence.

Example 3: Border Patrol Misconduct
Border Patrol agents unlawfully detain a driver at a checkpoint and damage property during a search.
✅ Action: The driver files an FTCA claim for false imprisonment and property loss.

Each of these cases falls squarely under the law enforcement exception because the officers involved had authority to search, seize, or detain — and they misused that authority.

How the Government Defends These Cases

When victims file FTCA claims under the law enforcement exception, the government often responds with aggressive defenses.

Common tactics include:

  • Arguing the officer acted “reasonably” under the circumstances.

  • Claiming the officer’s conduct was discretionary or protected by policy.

  • Denying that the employee was acting within the “scope of employment.”

  • Attacking the credibility of witnesses or the extent of injuries.

Our attorneys have handled these defenses from both sides — as government lawyers and as advocates for victims. We know exactly how to counter them.

Learn more about these tactics in our companion article:
👉 Common FTCA Defenses and How to Overcome Them

What You Can Recover Under the FTCA

If your case falls within the law enforcement exception, you may recover compensation for:

  • Medical expenses and future care

  • Lost wages or income

  • Pain and suffering

  • Emotional distress and trauma

  • Property damage

  • Wrongful death damages (for surviving family members)

At NSLF, we work with forensic, medical, and psychological experts to prove every element of loss — ensuring you receive the maximum recovery allowed by law.

How National Security Law Firm Builds These Cases

FTCA law enforcement cases require precision, timing, and strategy. Here’s how we handle them:

1. Immediate Evidence Preservation

We act fast to secure police reports, bodycam footage, and internal use-of-force files — often through FOIA requests and subpoenas.

2. Strategic Storytelling

We document how the officer’s actions violated training and protocol, turning agency manuals into evidence of negligence.

3. Insider Knowledge

Because our team includes former DOJ and DHS attorneys, we know how federal agencies investigate and defend these cases. We use that insight to dismantle their arguments before they even make them.

4. Relentless Advocacy

We don’t settle for quick offers. We litigate aggressively to secure the full value of your claim — and force real accountability from the government.

Choosing the Right FTCA Lawyer

These cases are not for inexperienced attorneys. The FTCA’s strict deadlines, procedural traps, and immunity defenses make it one of the most complex areas of federal law.

If you’re searching for an FTCA lawyer, start here:
👉 How to Choose the Right FTCA Lawyer (and Red Flags to Avoid)

That guide explains how to evaluate experience, identify red flags, and find the firm best equipped to take on the federal government.

Why Clients Choose National Security Law Firm

  • ⭐ 4.9-star Google reviews from clients nationwide (read them here)

  • 🪖 Former federal and military attorneys who know government defense tactics inside-out

  • ⚖️ Nationwide representation from Washington, D.C. — the hub of federal law

  • 💸 Transparent pricing and legal financing options through Affirm

  • 💬 Free, no-pressure consultations

  • 💥 A mission to maximize every settlement or judgment

When federal law enforcement violates the law, accountability isn’t optional — it’s essential. We make sure you get it.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step?

If you’ve been assaulted, wrongfully detained, or abused by a federal officer, don’t wait. FTCA deadlines are strict, and evidence disappears quickly.

📞 Call 202-600-4996 or book your free consultation online.
Our attorneys will review your claim, identify the responsible agency, and build a strategy to hold the government accountable.

Learn More About FTCA Claims

Visit our FTCA Resource Center for more guides, including:

  • Assault or False Arrest by Federal Law Enforcement: How to Hold Them Accountable

  • What Evidence Matters Most in FTCA Claims

  • 10 Proven Strategies to Maximize Your FTCA Settlement or Judgment

Whether your case involves the FBI, DEA, TSA, or Border Patrol, our Resource Center explains your rights and the exact steps to take.

National Security Law Firm: It’s Our Turn to Fight for You.