USC Law Library - Research Assistant
A tort suit against the government, whether it be state or federal, is a different process from a private suit. Historically, such suits were barred by sovereign immunity. Federal and state tort claims acts serve as waivers of sovereign immunity to permit a private party to sue the government. The purpose of these acts are to provide monetary compensation for damages that are caused by a government employee. Unlike a normal torts suit, where you would go directly to the court, in a torts claims act case, you must first file a claim with the government agency responsible for the damages. This claim is called an "administrative claim." If the agency refuses to pay or rejects your claim, you may commence a lawsuit.
The FEDERAL Torts Claims Act could be found for free at the following resources:
The CALIFORNIA Torts Claims Act could be found for free at the following resources: