Staci Sconiers v. United States
896 F.3d 595
| 3rd Cir. | 2018Background
- On January 6, 2016, Staci Sconiers was in a car accident involving a United States Postal Service (USPS) vehicle.
- Sconiers filed an administrative FTCA claim with USPS about two weeks after the accident (within two years).
- USPS mailed a written denial to Sconiers’s counsel on July 14, 2016 (about seven months after filing). The denial letter warned that suit must be filed within six months of mailing.
- Sconiers filed suit in district court eight months after the denial (i.e., two months after the six-month period had run).
- The United States moved for substitution and summary judgment, arguing Sconiers failed to commence suit within six months of the agency denial. The district court granted the motion; Sconiers appealed but did not press tolling or constitutional arguments below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 28 U.S.C. § 2401(b) requires satisfying both (1) administrative presentation within two years and (2) filing suit within six months of the agency denial, or whether meeting only one suffices | Sconiers argued the disjunctive "or" in § 2401(b) allows a claimant to satisfy the statute by meeting either the two‑year administrative filing or the six‑month post‑denial filing requirement | The Government argued both deadlines are required: present within two years and, if denied, commence suit within six months of denial | The Third Circuit held both conditions must be satisfied; the six‑month post‑denial filing requirement is mandatory in addition to the two‑year administrative filing requirement |
| Whether equitable tolling or constitutional challenges excuse the late filing | Sconiers sought equitable tolling and, raised for the first time on appeal, argued constitutional defects (due process/equal protection) | The Government opposed tolling and noted constitutional arguments were not raised below | The court found Sconiers waived the constitutional arguments by not raising them in district court and declined to apply equitable tolling (no extraordinary circumstances shown) |
Key Cases Cited
- Ellison v. United States, 531 F.3d 359 (6th Cir. 2008) (interpreting § 2401(b) to require both administrative filing and suit within six months of denial)
- Sanchez v. United States, 740 F.3d 47 (1st Cir. 2014) (reading the disjunctive as two required deadlines)
- Houston v. U.S. Postal Serv., 823 F.2d 896 (5th Cir. 1987) (holding both two‑year agency filing and six‑month post‑denial suit are required)
- Dyniewicz v. United States, 742 F.2d 484 (9th Cir. 1984) (stating both deadlines apply)
- Willis v. United States, 719 F.2d 608 (2d Cir. 1983) (concluding both deadlines must be met after reviewing legislative history)
- Schuler v. United States, 628 F.2d 199 (D.C. Cir. 1980) (en banc) (same interpretation)