Can the U.S. government be held liable for the intentional actions of an air traffic controller?

• A. Yes, because all employee actions are covered
• B. No, due to the nature of intentional wrong acts
• C. Yes, if it affects national security
• D. No, unless negligence can be proven

Answer: (B)

In examining the liability of the U.S. government for the intentional actions of an air traffic controller, it is crucial to understand the nuances of sovereign immunity and the limits that it imposes on government liability. The correct answer indicates that the government is generally not liable for intentional torts committed by its employees, including air traffic controllers.

Intentional actions—those taken with the purpose of causing harm or where harm is a certain consequence—do not fall under the purview of the Federal Tort Claims Act (FTCA), which primarily allows for claims against the government related to negligent acts. The rationale behind this limitation is rooted in the idea that the government should not be liable for actions that are deliberately harmful, as this could lead to an increased risk of litigation and liability that could adversely affect government operations and functions.

The other options are less applicable as they suggest scenarios that misinterpret the boundaries of the government's liability. For instance, asserting that all employee actions, including intentional acts, are covered ignores the exclusions specified in the FTCA. Claiming that the government could be liable if national security is affected misapprehends the nature of how liability is determined under tort law; intentional acts generally remain exempt regardless of their implications for national security. Lastly, stating that