Section 1000.272 - Do Tribes/Consortia need to be aware of areas which FTCA does not cover?Yes, there are claims against Self-Governance Tribes/Consortia which are not covered by FTCA, claims which may not be pursued under FTCA, and remedies that are excluded by FTCA. The following general guidance is not intended as a definitive description of coverage, which is subject to review by the Department of Justice and the courts on a case-by-case basis.
(a) What claims are expressly barred by FTCA and therefore may not be made against the United States, a Tribe or Consortium? Any claim under 28 U.S.C. 2680 , including claims arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, unless otherwise authorized by 28 U.S.C. 2680(h) .(b) What claims may not be pursued under FTCA? (1) Claims against subcontractors arising out of the performance of subcontracts with a Self-Governance Tribe/Consortium;(2) Claims for on-the-job injuries which are covered by workmen's compensation;(3) Claims for breach of contract rather than tort claims; or(4) Claims resulting from activities performed by an employee which are outside the scope of employment.(c) What remedies are expressly excluded by FTCA and therefore are barred? (1) Punitive damages, unless otherwise authorized by 28 U.S.C. 2674 ; and(2) Other remedies not permitted under applicable state law.