Discretionary-Function Exception

The intentional-tort exception provides that the government cannot be sued for claims alleging certain intentional wrongdoing by federal employees, such as assault and battery. The exception does not apply to “acts or omissions” of law enforcement officers. This carveout is known as the “law-enforcement proviso” and allows certain claims against the government for intentional wrongs by federal law enforcement officers. Thus, conceptually, the proviso operates as an “exception from the exception” or a “re-waiver” of sovereign immunity The discretionary-function exception prohibits claims against the government that are based on the exercise of an official’s “discretionary function.” The Supreme Court has clarified that the exception applies to decisions involving “an element of judgment or choice.” ดูหนัง24