United States v. June
Issues
Can a two-year time limit for bringing a tort claim against the federal government be extended in situations where a claimant, despite exercising due diligence, could not have discovered the injury within that time window?
In 2010, Marlene June brought an administrative claim against the Federal Highway Administration (“FHWA”) under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401(b), which the FHWA eventually denied. June then filed a wrongful-death suit against the government, which the district court dismissed as untimely because it was filed after the FTCA’s two-year statute of limitations period had already expired. This case turns on whether the two-year statute of limitations is subject to “equitable tolling,” wherein the statute of limitations does not begin to run for a plaintiff who, exercising due diligence, could not have discovered the injury in time to file. This case thus presents the Supreme Court with an opportunity address the ability of agencies to administer claims.
Questions as Framed for the Court by the Parties
Whether the two-year time limit for filing an administrative claim with the appropriate federal agency under the Federal Tort Claims Act, 28 U.S.C. 2401(b), is subject to equitable tolling.
The Respondent in this case is Marlene June. See Brief for Petitioner, the United States of America, at II. She brought suit on behalf of her grandchild, the surviving child of her deceased son Andrew Edward Booth.