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Who Can Be Sued II: U.S. And Local Government Defendants

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Chapter Summary

This chapter addresses the complex legal doctrines governing Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA) litigation against the U.S. government and its employees. It discusses the sovereign immunity and the difficulties facing any lawsuit against the federal government and its officials. The chapter discusses the rules governing substitution by the U.S. government as the defendant in lawsuits filed against government officials; the requirement of exhaustion of administrative remedies; and the exceptions to Federal Tort Claims Act (FTCA) liability as applied to human rights claims. It also addresses particular issues faced in such litigation: the political question doctrine; the application of the TVPA to federal officials; the state secrets doctrine; and the complications posed by the Military Commissions Act of 2006. It also discusses the suits against state and local officials.

Keywords: Alien Tort Statute (ATS); Federal Tort Claims Act (FTCA) liability; Torture Victim Protection Act (TVPA) litigation; U.S. government defendant



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