Warren v. Central Intelligence Agency
210 F. Supp. 3d 199
| D.D.C. | 2016Background
- Andrew Warren, a former CIA employee, alleges CIA medical personnel failed to diagnose his PTSD from work-related events, causing later misconduct, termination (2009), criminal charges, and conviction (pleaded guilty 2010; sentenced 2011; released January 2015).
- News reports in early 2009 named Warren; Leon Panetta, at his February 6, 2009 CIA-director confirmation hearing, answered senators' questions about those reports.
- Warren filed suit in September 2015 against Panetta and the CIA, later amending to sue the United States under the Federal Tort Claims Act (FTCA) for (1) Panetta's testimony (alleged statutory and invasion-of-privacy torts) and (2) medical malpractice for failing to diagnose PTSD.
- Defendants moved to dismiss, arguing improper service on the United States and that all FTCA claims are time-barred by the two-year limitations period in 28 U.S.C. § 2401(b).
- The court found Warren never served the Attorney General as required by Fed. R. Civ. P. 4(i)(1), depriving the court of personal jurisdiction, and separately concluded the FTCA claims accrued earlier and expired before Warren presented his administrative claim in March 2015.
- The court dismissed the case with prejudice, reasoning futility/meritlessness and controlling circuit precedent foreclosed allowing re-filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service on the United States was proper | Warren argued service was not required as he relied on Rule 15(c) to add the United States later | Defendants: Fed. R. Civ. P. 4(i) requires serving both the U.S. Attorney and the Attorney General; Warren did not serve the AG | Dismissed for lack of personal jurisdiction due to failure to serve the Attorney General |
| Whether FTCA claims are time-barred | Warren argued accrual occurred no earlier than June 2010 (superseding information/detention) and imprisonment tolled the limitations period under D.C. Code § 12-302(a) | Defendants: Panetta testimony accrued Feb 2009; malpractice claim accrued by March 2011; FTCA limitations period is two years and not tolled by D.C. imprisonment statute | Claims accrue under federal law; D.C. tolling does not apply to FTCA; claims expired before administrative notice; suit untimely |
| Whether court should permit refiling despite defective service | Warren implied relief should be allowed given his imprisonment and late filing | Defendants: even with corrected service, claims lack merit/timeliness; allowing refiling would be futile | Court applied D.C. Circuit precedent to dismiss with prejudice, concluding refiling would be futile |
| Whether Panetta is liable in his individual capacity | Warren conceded he was not pursuing claims against Panetta individually | Defendants sought dismissal of individual claims | Court treated claims as against the United States and did not reach individual-capacity liability; no individual-capacity claim retained |
Key Cases Cited
- Omni Capital Int'l, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97 (proper service is required to establish personal jurisdiction)
- Simpkins v. D.C. Gov't, 108 F.3d 366 (D.C. Cir. 1997) (district courts may dismiss meritless suits with prejudice to prevent futile refiling)
- Anderson v. Carter, 802 F.3d 4 (D.C. Cir. 2015) (affirming dismissal principles applied to avoid futile refiling)
- Wallace v. Kato, 549 U.S. 384 (federal-law accrual governs, not state tolling provisions)
- Sexton v. United States, 832 F.2d 629 (D.C. Cir. 1987) (FTCA limitations interpreted by federal law; state tolling inapplicable)