Blown deadline doesn't necessarily bar tort claims against US; SCOTUS allows equitable tolling
A blown deadline doesn’t necessarily doom a tort claim against the federal government.
The U.S. Supreme Court ruled in a 5-4 decision (PDF) on Wednesday that courts may use equitable tolling to extend federal deadlines for bringing tort claims against the federal government because Congress had not indicated otherwise with its own “plain statement.”
Justice Elena Kagan wrote the majority opinion rejecting the government’s argument that Federal Tort Claims Act deadlines are jurisdictional and not subject to equitable tolling.
“The time limits in the FTCA are just time limits, nothing more,” Kagan wrote. “Even though they govern litigation against the government, a court can toll them on equitable grounds. “
The law says that a tort claim against the federal government is “forever barred” unless it is presented to the “appropriate federal agency within two years after such claim accrues” and then brought to federal court “within six months” after the agency acts. In his dissent, Justice Samuel A. Alito Jr. said the text, its historical roots and precedent make clear the deadline is not subject to equitable tolling.
The court ruled in two cases, United States v. Kwai Fun Wong and United States v. June. SCOTUSblog previewed the cases here. An amicus brief filed on behalf of veterans had asserted that equitable tolling will aid veterans suing the government, according to prior articles by the Daily Caller and Washington Examiner.
