Bobby Jackson v. United States
2014 U.S. App. LEXIS 8814
| 6th Cir. | 2014Background
- Jackson sues under FTCA to recover damages for a car crash with an ICE agent; district court dismissed for untimeliness and declined equitable tolling.
- Accident occurred January 13, 2009; administrative claim filed March 5, 2009 and mailed to DHS, later forwarded to ICE.
- ICE received the claim June 17, 2009; July 7, 2009 receipt letter advised a six-month adjudication window and potential to file suit if denied.
- Final denial mailed March 8, 2011 to the Evergreen Road address; the USPS later returned it as undeliverable; forwarding issues disputed.
- Jackson filed suit January 11, 2012; government argued six-month window ran by September 8, 2011; Jackson sought tolling rationale.
- District court granted dismissal on timeliness and did not toll; state-law claim against Battistelli dismissed under Westfall Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FTCA's 6-month deadline is triggered by mailing the denial | Jackson | United States | Untimely; denial mailing triggers the window |
| Whether undelivered denial letter affects triggering of the deadline | Jackson | United States | Denied; mailing triggers regardless of receipt |
| Whether equitable tolling applies to FTCA limitations period | Jackson | United States | Not tolling; district court did not abuse discretion |
| Whether Westfall Act defense requires dismissal of state-law claim against Battistelli | Jackson | United States | Dismissal affirmed; substitution via FTCA applies |
Key Cases Cited
- Glarner v. United States Department of Veterans Administration, 30 F.3d 697 (6th Cir.1994) (equitable tolling applies to FTCA limitations provision)
- Irwin v. Dept. of Veterans Affairs, 498 U.S. 89 (U.S. 1990) (rebuttable presumption tolling applies to suits against U.S.)
- Lane v. Pena, 518 U.S. 187 (U.S. 1996) (strict construction of waiver of sovereign immunity)
- Berti v. V.A. Hosp., 860 F.2d 338 (9th Cir.1988) (FTCA six-month period starts on date of mailing; no receipt required)
- Carr v. Veterans Admin., 522 F.2d 1355 (5th Cir.1975) (deadline runs from date of certified mail mailing)
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (U.S. 2008) (jurisdictional inquiry; Congress may rebut Irwin presumption)
- Bazzo v. United States, 494 Fed.Appx. 545 (6th Cir.2012) (equitable tolling not automatic; discretionary denial affirmed)
- Humphrey v. United States Attorney Gen.’s Office, 279 Fed.Appx. 328 (6th Cir.2008) (FTCA limitations treated as non-jurisdictional in some context)
- Conn v. United States, 867 F.2d 916 (6th Cir.1989) (option to file after six-month deadline under statute)
- Dolan v. United States, 514 F.3d 587 (6th Cir.2008) (FTCA claims assessed under FTCA standards after Westfall Act certification)