Guide · Administrative Law
Government Claims and Sovereign Immunity: A Comprehensive Guide to Notice, Waivers, and Exceptions
28 U.S.C. § 1346
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-10-21
- Topic
- Administrative Law
This guide covers claims against governments and their officials from entity identification through remedies. It begins with the structure of sovereign immunity and the principle that every waiver comes with conditions that must be satisfied exactly. It then treats the federal tort claims framework in detail — the jurisdictional grant, the definition of employee, the administrative exhaustion requirement and its sum-certain element, the limitations periods, and the exceptions that remove entire categories from the waiver, with extended treatment of the discretionary function exception and how claims survive it. Later parts cover state sovereign immunity and the official-capacity fiction, state tort claims acts and their notice requirements, municipal liability and the policy-or-custom requirement, individual officer liability with qualified and absolute immunities, constitutional damages actions against federal officers, contract claims under the Tucker Act, non-monetary relief under the Administrative Procedure Act, tribal and foreign sovereign immunity, and the remedies available in each track.
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