918 F.3d 77
2d Cir.2019Background
- Plaintiff Jessica Cooke alleged that CBP agents assaulted and tased her during a highway checkpoint stop in May 2015 and sued, ultimately pursuing only tort claims against the United States under the Federal Tort Claims Act (FTCA).
- Cooke’s counsel mailed an SF-95 claim form by first-class mail on May 31, 2016 to DHS/CRCL in Washington, D.C., instead of CBP’s appropriate Chief Counsel office; the mailing omitted a street number and the affidavit of service was executed nearly a year later.
- CBP searched its Chief Counsel Tracking System and produced a declaration stating it had no record of any FTCA claim filed by Cooke. CRCL acknowledged receipt of a separate April 1, 2016 civil-rights complaint but made no mention of receiving the SF-95.
- The government moved to dismiss for lack of subject-matter jurisdiction, arguing Cooke failed to satisfy the FTCA’s presentment requirement (28 U.S.C. § 2675) because she did not show an agency actually received the SF-95.
- The district court dismissed the amended complaint for lack of jurisdiction; Cooke appealed arguing the common-law mailbox rule should allow proof of mailing to satisfy presentment even without proof of receipt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the common-law mailbox rule (presumption of receipt when properly mailed) satisfies the FTCA presentment requirement | Cooke: mailing the SF-95 to DHS/CRCL should rebuttably presume receipt and thus satisfy §2675 presentment | Government: FTCA and its regulation require actual agency receipt; mere mailing is insufficient; sovereign immunity waivers must be strictly construed | Mailbox rule does not apply to FTCA claims; plaintiff must show actual receipt |
Key Cases Cited
- Meckel v. Continental Resources Co., 758 F.2d 811 (2d Cir. 1985) (articulating common-law mailbox presumption of receipt)
- Department of the Army v. Blue Fox, Inc., 525 U.S. 255 (1999) (waivers of sovereign immunity are strictly construed)
- United States v. Mitchell, 445 U.S. 535 (1980) (sovereign immunity principles)
- Akey v. Clinton County, 375 F.3d 231 (2d Cir. 2004) (discussing mailbox presumption in other contexts)
- Vacek v. U.S. Postal Service, 447 F.3d 1248 (9th Cir. 2006) (holding mailbox rule inapplicable to FTCA claims)