Federal law enforcement officers hold extraordinary power. ICE, CBP, FBI, TSA, VA Police, Federal Protective Service, and other agents operate in sensitive environments where even a momentary abuse of authority can cause devastating harm. When a federal officer commits an assault, battery, false arrest, or other intentional tort while on duty, the Federal Tort Claims Act (FTCA) allows victims to pursue justice directly against the United States.

This guide explains how FTCA law works, which intentional torts are covered, what victims need to prove, and how damages are evaluated. If you believe a federal officer harmed you through misconduct, this is the starting point for protecting your rights.

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

What Is the Federal Tort Claims Act (FTCA)?

The FTCA is the federal law that allows individuals to sue the United States for injuries caused by federal employees. Normally, the government is immune from suit. The FTCA is the exception—Congress specifically allowed victims to seek compensation when federal employees act wrongfully.

Although many FTCA cases involve negligence (like slip-and-falls or medical malpractice at a federal facility), Congress created a special carve-out for intentional torts committed by federal law enforcement officers.

This carve-out is one of the most powerful tools available to victims of abuse, harassment, and misconduct by officers who act under color of federal authority.

The Law Enforcement Proviso: The Critical Exception for Intentional Torts

Under 28 U.S.C. § 2680(h), the FTCA expressly waives sovereign immunity for certain intentional torts committed by “investigative or law enforcement officers” acting within the scope of their employment.

Covered intentional torts include:

  • Assault

  • Battery

  • False imprisonment

  • False arrest

  • Abuse of process

  • Malicious prosecution

This means that if a federal law enforcement officer commits one of these torts while acting within the scope of their job duties, the United States can be held liable just like a private employer would be under state law.

Importantly:

You do NOT need to prove negligent hiring, negligent supervision, or that the agency knew of the officer’s propensity.

The claim is allowed directly against the United States for the intentional act itself. The only major threshold issue is whether the officer was acting within the scope of employment at the time of the misconduct—something determined by state law.

Who Counts as a Federal “Law Enforcement Officer”?

For FTCA purposes, an officer is covered if they are empowered by law to:

  • Execute searches

  • Seize evidence

  • Make arrests

This includes:

  • ICE officers

  • CBP/BP agents

  • FBI agents

  • TSA Federal Air Marshals

  • Federal Protective Service officers

  • VA Police officers

  • U.S. Marshals

  • Postal Inspectors

  • ATF agents

  • Defense Department LE officers

These cases can arise anywhere federal officers interact with civilians: airports, federal buildings, hospitals, immigration checkpoints, highways, or even inside commercial aircraft.

What Does “Scope of Employment” Mean in FTCA Law?

To hold the United States liable, the officer must have been acting within the scope of employment under the state law of the place where the incident occurred.

Common factors include whether the officer:

  • Was on duty

  • Was performing job-related tasks

  • Was acting within the time and space limits of employment

  • Was using job authority or federal power when the harm occurred

Even if the misconduct violated agency rules, scope of employment is still often met. Courts routinely find that an employee can act “within scope” even while committing intentional wrongdoing, so long as they were on duty and performing assigned tasks.

Examples of Intentional Torts by Federal Officers Under the FTCA

Victims commonly bring FTCA intentional tort claims involving:

Assault and Battery

  • Excessive force

  • Improper physical contact

  • Sexual touching

  • Use of restraints without lawful justification

False Arrest and False Imprisonment

  • Detaining someone without probable cause

  • Holding an individual longer than permitted

  • Improper immigration or travel detentions

Sex-Based Misconduct

Courts have repeatedly recognized:

  • Voyeurism

  • Non-consensual photography

  • Sexual harassment

  • Invasion of privacy

  • Sexualized comments coupled with authority

As actionable intentional torts under the law enforcement proviso.

Abuse of Process / Malicious Prosecution

  • Misuse of criminal charges

  • Fabrication of evidence

  • Retaliatory investigations

These cases provide meaningful remedies when federal authority is misused as a weapon.

Do You Need to Prove Negligent Supervision or Negligent Hiring?

No.
A common misunderstanding is that victims must show the agency “should have known” the officer would act improperly. That is not required for intentional torts by law enforcement officers.

The law enforcement proviso permits vicarious liability for the intentional act itself.

Negligent supervision can be pled as an alternative claim (useful if scope of employment becomes disputed), but it is not a prerequisite.

How Damages Work in Intentional Tort FTCA Cases

FTCA damages are governed by state law. Although punitive damages are not allowed, victims can recover full compensation for:

1. Emotional Distress

This is often the largest category, especially in cases involving sexual misconduct, excessive force, or abuse of authority. Awards can include compensation for:

  • PTSD

  • Anxiety

  • Depression

  • Fear of law enforcement

  • Sleep disturbance

  • Humiliation

  • Long-term trauma

2. Pain and Suffering

Physical pain, soreness, bruising, or long-lasting physical consequences.

3. Loss of Enjoyment of Life

Changes in the victim’s ability to live normally, travel, work, or maintain relationships.

4. Lost Wages and Loss of Earning Capacity

If the victim:

  • Took time off work

  • Changed schedules

  • Was medically grounded (for airline personnel)

  • Lost promotion opportunities

These are fully compensable.

5. Medical Expenses

  • Therapy

  • Psychiatrist appointments

  • Medication

  • Emergency care

  • Follow-up treatment

6. Out-of-Pocket Expenses

Any costs directly tied to the incident.

7. Settlement Pressure Due to Government Embarrassment

Although punitive damages are barred, AUSAs often pay a “quiet premium” in highly sensitive cases to avoid discovery or media exposure.

In sexual-misconduct intentional tort cases, six-figure settlements are common, with strong cases reaching the high six- or low seven-figure range.

How NSLF Builds High-Value FTCA Cases

Every FTCA case at NSLF begins as a coordinated investigation led by:

  • Former federal investigators

  • Former government litigators

  • Former JAG Corps officers

  • Attorneys who have handled FTCA claims inside agencies and at DOJ

We gather:

  • Witness statements

  • Agency reports

  • OIG files

  • Medical/therapy evidence

  • Airline or workplace records

  • Security footage

  • FOIA-released documents

  • Officer disciplinary history

Then we construct the FTCA claim with a maximized damages presentation, including a “sum certain” that preserves the highest recovery possible.

Why Choose National Security Law Firm for FTCA Claims

National Security Law Firm is one of the nation’s leading firms for FTCA, federal misconduct, and federal civil rights cases.

Victims choose NSLF because:

  • 4.9-star Google reviews based on real clients

  • Nationwide representation

  • Located in Washington, D.C., the center of federal litigation

  • Insider advantage from attorneys who worked in federal agencies

  • Attorney Review Board that collaborates weekly on complex cases

  • Free consultations

  • Legal financing through Pay Later by Affirm

  • Experience with law-enforcement intentional torts

  • Federal-only practice with unmatched focus

We fight to maximize the value of every FTCA case—emotionally, strategically, and financially.

Book Your Free Consultation

If you believe a federal law enforcement officer committed an intentional tort against you, do not navigate the FTCA alone. These cases require precision, evidence development, and strategic presentation.

Schedule your free consultation at the link below:

Book a Free FTCA Case Review

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