United States v. Wong
Issues
Is the Federal Tort Claims Act’s six-month time limit for filing suit in federal court subject to equitable tolling?
Kwai Fun Wong, a Hong Kong citizen, filed an administrative claim against the United States under the Federal Tort Claims Act (“FTCA”), alleging that federal employees injured Wong during immigration detention. After an administrative denial, Wong sought to file her claim in federal court; however, the United States asserted that Wong filed the claim after the FTCA’s filing deadline and that Wong’s claim was therefore time-barred. The Ninth Circuit held that the claim was not time-barred because the FTCA’s filing deadline is subject to equitable tolling that excuses Wong’s late filing. The Supreme Court’s resolution of this case will affect the procedure litigants must follow before suing the United States government, which will also impact the flow of litigation against the United States in federal court.
Questions as Framed for the Court by the Parties
Whether the six-month time bar for filing suit in federal court under the Federal Tort Claims Act, 28 U.S.C. 2401(b), is subject to equitable tolling.
In 1985, Respondent Kwai Fun Wong, a Hong Kong citizen, lawfully entered the United States and, as a Tao minister, soon became a leader within the Wu-Wei Tien Tao Association (“Tien Tao”), a religious organization. See Kwai Fun Wong v. United States, 373 F.3d 952, 957–958 (9th Cir.
Written by
Edited by
The authors would like to thank Professor Kevin M. Clermont for his insights and assistance.
Additional Resources
- Tim Hull: Striped-Searched Minister Can Press Tort Case, Courthouse News Service (Oct. 9, 2013).
- Carl Smith: Supreme Court’s Likely Review Of Rulings Equitably Tolling FTCA Claims May Impact Tax Refund Suits, Procedurally Taxing (May 1, 2014).