In 1946, the Federal Tort Claims Act (FTCA) was enacted by Congress to give private parties the right to sue the United States. Through this statute, the United States has partially waived immunity from suit for a number of specific torts. This creates the general rule of liability of the United States for torts. There is no federal tort common law, nor any federal statutory law other than is provided for by the FTCA. The first FTCA exception is for specific administrative functions and for claims arising in foreign nations.

The second FTCA exception is an exclusion of liability for “any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference. The third FTCA exception shields the federal government from liability for “discretionary”—as opposed to “ministerial”—acts of government employees, officers, and officials. This exception applies even if an agency abuses its discretion. Finally, the government is liable only for acts of its employees, officers, officials, or other agents who are acting within the scope of their employment.

In short, this doctrine holds that a duty to all translates as a duty to no one. The public duty doctrine is founded on a separation of powers theory. Public agencies provide a public service, and, accordingly, owe the public at large a duty. The performance of a public duty is checked by political processes.