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Constitutional Tort Relief Options
Summary
Under the Little Tucker Act, relief for constitutional torts is limited to monetary damages, with no injunctive or declaratory relief. The Big Tucker Act allows for broader claims, including equitable relief, while the FTCA permits tort claims against the U.S. For federal employees actions. Claims under the FTCA must be presented to the relevant federal agency before litigation.Full Conversation
Sure! Here is some general information on the Big and Little Tucker Act, as well as the Federal Tort Claims Act (FTCA):
Big Tucker Act (* U.S.C. § *)
- Grants the U.S. Court of Federal Claims jurisdiction over claims against the United States.
- Allows for claims based on contracts, statutes, regulations, or the Constitution.
- Permits both monetary and equitable relief.
- Grants the U.S. Court of Federal Claims jurisdiction over claims against the United States.
- Allows for claims based on contracts, statutes, regulations, or the Constitution.
- Permits both monetary and equitable relief.
Little Tucker Act (* U.S.C. § *(a)(*))
- Grants jurisdiction to the U.S. District Courts for claims against the United States not exceeding $*,*.
- Focuses on monetary damages for contractual and certain non-tort claims.
- Does not authorize injunctive or declaratory relief.
- Grants jurisdiction to the U.S. District Courts for claims against the United States not exceeding $*,*.
- Focuses on monetary damages for contractual and certain non-tort claims.
- Does not authorize injunctive or declaratory relief.
Federal Tort Claims Act (FTCA, * U.S.C. §§ *(b), *-*)
- Allows private parties to sue the United States for tortious acts committed by federal employees.
- Waives sovereign immunity for specific torts, enabling claims similar to those against private individuals.
- Claims must be presented to the appropriate federal agency before filing a lawsuit.
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- Allows private parties to sue the United States for tortious acts committed by federal employees.
- Waives sovereign immunity for specific torts, enabling claims similar to those against private individuals.
- Claims must be presented to the appropriate federal agency before filing a lawsuit.
Would you like more detailed articles or specific case examples?
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