2012 U.S. Dist. LEXIS 160877
E.D.N.Y.2012Background
- Glorioso injured in an August 15, 2008 automobile collision with an FBI employee.
- FTCA claim presented to the FBI; notice given October 2008; SF95 filed March 23, 2009.
- FBI requested additional information July 10, 2009; provided information August 28, 2009.
- November 24, 2009 letter offered $12,142 to settle and advised suit within six months if dissatisfied.
- Plaintiff pursued further settlement negotiations but did not receive a higher offer; suit filed August 13, 2010.
- Judge granted the government’s Rule 12(b)(1) motion and dismissed the FTCA claims against the United States and the FBI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the November 24, 2009 letter constitutes final denial triggering §2401(b) | Glorioso argues the letter was a final denial under §14.9(a). | The letter meets §14.9(a) criteria and thus starts the six‑month clock. | Yes; the letter constitutes final denial triggering §2401(b)'s six‑month deadline. |
| Whether equitable tolling applies to extend the filing period | Plaintiff seeks tolling due to ambiguity in the letter. | Ambiguity is not grounds for tolling; the six‑month period had begun. | No; equitable tolling does not save the claim. |
| Whether the FBI is a proper party under the FTCA | FTCA waives sovereign immunity; FBI should be liable. | FTCA limits liability to the United States, not the agency; FBI must be dismissed. | FBI is not a proper party; dismissal on this basis. |
Key Cases Cited
- Ellison v. United States, 531 F.3d 359 (6th Cir. 2008) (rejects deeming denial after six months once actual denial occurs)
- Jerves v. United States, 966 F.2d 517 (9th Cir. 1992) (final denial must reference §14.9(a) and inform suit must be filed in district court)
- Woirhaye v. United States, 609 F.2d 1303 (9th Cir. 1979) (administrative denial not final if agency led claimant to believe ongoing consideration)
- State Farm Mut. Auto. Ins. Co. v. United States, 326 F. Supp. 2d 407 (E.D.N.Y. 2004) (advises that §14.9 references can trigger §2401(b) regardless of the word final denial)