5:10-cv-01007
W.D. Okla.Mar 7, 2011Background
- Staples, a federal prisoner, sues the United States under the FTCA for alleged negligence causing injury from a chair leg failure on Jan 29, 2008.
- Defendant moves to dismiss under Rule 12(b)(1) for lack of subject-matter jurisdiction based on timeliness.
- FTCA generally provides a limited waiver of sovereign immunity; constitutional claims are not actionable under FTCA.
- FTCA requires 2-year accrual and a 6-month filing deadline after agency denial; the six-month deadline is jurisdictional.
- Prior suit Staples v. United States, CIV-08-531-D, was denied on July 10, 2008; amended complaint referenced that denial date.
- Court concludes the current action is untimely and must be dismissed for lack of jurisdiction, without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FTCA jurisdiction covers constitutional claims. | Staples argues FTCA covers all tort-like damages. | FTCA does not authorize constitutional tort claims against the United States. | No jurisdiction exists for constitutional claims under FTCA. |
| Is the negligence claim timely under FTCA's filing deadlines? | Six-month deadline should be tolled by prior proceedings. | Six-month deadline is strict and not tolled by prior suit or other provisions. | Negligence claim untimely under FTCA’s six-month requirement. |
| Does the dismissal of the prior suit affect the timeliness of refiling? | Dismissal without prejudice preserves filing time. | Dismissal does not toll or reset the FTCA deadline. | Six-month deadline not revived by prior dismissal; action remains untimely. |
| Are savings statutes or equitable tolling available to extend the FTCA period? | Savings statute or equitable tolling could extend time. | Neither applies to FTCA timing; tolling not available. | Neither savings statute nor equitable tolling applies; jurisdiction lacking. |
Key Cases Cited
- Franklin Savings Corp. v. United States, 385 F.3d 1279 (10th Cir. 2004) (FTCA timing requirements bind the court to lack of subject matter jurisdiction if not met)
- Pipkin v. United States Postal Service, 951 F.2d 272 (10th Cir. 1991) (FTCA saving provisions not applicable to timing)
- Mecca v. United States, 389 F. App’x 775 (10th Cir. 2010) (unpublished; absence of jurisdiction requires dismissal without prejudice)
- Brereton v. Bountiful City Corp., 434 F.3d 1213 (10th Cir. 2006) (dismissals for lack of jurisdiction should be without prejudice)
- United States v. Muniz, 374 U.S. 150 (1963) (FTCA damages for negligence against United States)