Diamond Young v. United States
727 F.3d 444
5th Cir.2013Background
- Landowners near the Tangipahoa River allege negligent USGS hydrology and bridge hydraulics studies from the 1960s led to an I-12 river crossing design that impedes drainage during extreme rains, causing upstream flooding.
- The last significant flood occurred in April 1983; plaintiffs recovered a state-court judgment against Louisiana but the state never paid.
- Plaintiffs filed administrative FTCA claims with the Department of the Interior in February 2008; the DOI denied them in part as untimely under the FTCA two-year exhaustion rule.
- Plaintiffs sued the United States in federal court; the government moved to dismiss for lack of subject-matter jurisdiction based on untimely administrative presentation.
- Plaintiffs argued accrual was delayed by (a) late discovery of government liability and (b) Louisiana’s continuing-tort doctrine because the highway/maintenance continued to cause flooding.
- The district court found no continuing tort under Louisiana law and held plaintiffs’ FTCA claims had accrued more than two years before administrative filing; the court dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Louisiana’s continuing-tort doctrine postpones accrual of FTCA claims | Continuing harm from the highway/ongoing maintenance means accrual is delayed until the continuing wrong ends | No continuing wrongful conduct; the operating cause was the original negligent reports decades earlier, so accrual occurred when plaintiffs discovered government involvement | The alleged conduct is not a continuing tort under Louisiana law; accrual occurred earlier and the FTCA limitation expired |
| Whether accrual date is governed by federal discovery rule | Discovery rule postpones accrual until plaintiff knew or should have known injury and cause; plaintiffs say they discovered within two years before admin filing | Government argues plaintiffs discovered (or could have discovered) earlier, so accrual preceded administrative filing | Court applied federal discovery rule to define accrual; plaintiffs do not contest the court’s discovery-date finding on appeal |
| Whether federal maintenance of I-12 can be characterized as wrongful ongoing acts | Plaintiffs: continued federal maintenance perpetuates the injury | Government: maintenance is not wrongful and does not constitute continuing tortious conduct | Maintenance is not wrongful continuous conduct; it does not create a continuing tort under Louisiana law |
| Whether failure to remediate an original wrong creates a continuing tort | Plaintiffs: nonremediation prolongs harm and tolls prescription | Government: refusal to remediate is not a separate continuing wrong—it's the ill effects of the original act | Failure to remedy does not create a continuing wrong that delays prescription under Louisiana precedent |
Key Cases Cited
- Hogg v. Chevron USA, Inc., 45 So.3d 991 (La. 2010) (distinguishes continuous operating causes from discontinued ones; continuing tort requires continuing wrongful conduct)
- Crump v. Sabine River Authority, 737 So.2d 720 (La. 1999) (continued ill effects of a single tortious act do not create a continuing tort)
- United States v. Mitchell, 463 U.S. 206 (1983) (sovereign immunity and necessity of clear waiver for suit against the United States)
- United States v. White Mountain Apache Tribe, 537 U.S. 465 (2003) (FTCA waiver conditioned on state-law liability)
- In re FEMA Trailer Formaldehyde Prods. Liab. Litig., 646 F.3d 185 (5th Cir. 2011) (limitations periods in sovereign-immunity waivers are jurisdictional)
- Bush v. United States, 823 F.2d 909 (5th Cir. 1987) (federal accrual/discovery rule for FTCA claims)