Federal Civil Lawsuits

Federal Tort Claims Act, Bivens Claims, and 42 U.S.C. §1983

At HR Legal Consultants, we provide experienced and practical Expert Consultant Services and Expert Witness Reports (and Testimony) in Federal Court regarding expertise in the following areas:

  • Federal Civil Lawsuits – Federal Tort Claims Act (FTCA) (Negligence and Intentional Torts committed by Federal Employees) (Plaintiff or Defendant)
  • Federal Civil Lawsuits – Bivens’ Actions (Constitutional Torts committed by Federal Employees) (Plaintiff or Defendant)
  • Federal Civil Lawsuits – 42 U.S.C. 1983 Lawsuits (Constitutional Torts committed by State or Local Government Employees) (Plaintiff or Defendant)

Specifically, HR Legal Consultants provides expert analysis (to include an Expert Report) of the viability of the Claim for Relief under the FTCA for commission of tortious acts of negligence and intentional torts by employees of the United States as well as the applicability of Subject Matter Jurisdiction relative to the Discretionary Function Exception, Private Person Analog Exception, and Intentional Tort Exception to the FTCA. Furthermore, the Analysis and Expert Report involve an exact determination of the level of exposure of liability (if any) under the FTCA based on a comprehensive evaluation of available Discovery, depositions, interrogatories, and other evidence.

As it relates to Bivens Actions (against Federal employees) and Claims under Title 42 U.S.C. §1983 (against State actors), HR Legal Consultants provides expert analysis (to include an Expert Report) of the viability and applicability of Qualified Immunity, Cause(s) of Action, and other matters relative to the feasibility of the Claim for Relief. Additionally, the analysis and Expert Report involve an exact determination of the level of exposure of liability (if any) for the individual Defendant(s) based on a comprehensive evaluation of available Discovery, depositions, interrogatories, and other evidence.

FEDERAL TORT CLAIMS ACT (FTCA), 28 U.S.C. § 1346(b): Claims against the United States, for money damages for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

BIVENS V. SIX UNKNOWN NAMED AGENTS OF FEDERAL BUREAU OF NARCOTICS, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971): An action for damages may be brought against federal agents acting under the color of their authority but acting unconstitutionally and where federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to grant the necessary relief.

TITLE 42 U.S.C. §1983: Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law…