Postal Service v. Konan · ¶85

Contrary to the majority’s suggestion otherwise, adhering to the text Congress enacted would not flood the Govern- ment or courts with frivolous lawsuits.That is because the FTCA has additional safeguards that bar many claims prem- ised on intentional misconduct.Liability for the United States will arise only in the rare situation in which the em- ployee’s intentional conduct is tortious, falls within the scope of her employment, and falls outside of the due-care and discretionary-function exceptions.See 28 U. S. C. §2680(a). For example, the majority cites one case of an insurance com- pany suing after a federal employee stole an expensive pack- age it had insured, see ante, at 398, but most States likely do not consider intentional torts like theft to fall within an individual’s scope of employment, see Restatement (Second) of Agency §228 (1957) (torts fall outside the scope of employ-…

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