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So The Army Hired An Ax-Murderer: The Assault And Battery Exception To The Federal Tort Claims Act Does Not Bar Suits For Negligent Hiring, Retention And Supervision, Rebecca L. Andrews

Washington Law Review

The Federal Tort Claims Act (FTCA) waives the federal government's sovereign immunity as to claims for injuries caused by an act or omission of a government employee within his or her scope of duty. However, this waiver is not absolute and the government has retained immunity for many claims, including those arising out of an assault or battery. The federal circuit courts are split regarding whether this exception applies to claims for the negligent hiring, retention and supervision of federal employees who commit an assault or battery. While the U.S. Supreme Court has left the question unanswered, the Ninth Circuit …