The Federal Tort Claims Act

          Tort suits against the federal government often fall under the FTCA, which we will study in this Section. We will focus on the most litigated aspects of the FTCA. The first is the discretionary function exemption, which safeguards policymakers' ability to make judgment calls without fear of lawsuit. But what kind of policy-making discretion should we protect, and how can courts consistently or fairly identify it? 

          The discretionary function exemption, like the others we will study, reflects a judgment about the costs and benefits of federal government accountability through tort. We might see tort remedies as unnecessarily risky, likely to introduce extraneous considerations into government decision-making or to hold the government responsible for things beyond its control (including wayward employees). Or we might see tort liability as a necessary check on certain forms of government misconduct, one made necessary by a lack of other safeguards. Which of these analyses makes the most sense to you? As you read the next three cases, think about the limits and application of the FTCA. Does it strike the right balance?