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Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines
Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines
by Derek Gilna
It’s not easy to sue the United States for damages. According to the Supreme Court, “The Federal Tort Claims Act (FTCA or Act) provides that a tort claim against the United States …
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More from this issue:
- “Deep-Seated Culture of Violence” and Abysmal Medical Care at Rikers Island, by Gary Hunter
- New Mexico Jail Pays $500,000 for Prisoner’s Death, by Derek Gilna
- News in Brief
- Supreme Court Clarifies Legal Standard for Pre-Trial Detainee Excessive Force Claims, by Derek Gilna
- Whether Private Actors Entitled to Qualified Immunity Bypassed Due to Factual Dispute
- Error for Florida Court to Find Action Moot Before Ruling on Motion to Supplement, by David Reutter
- CDCR Adopts New Contraband Rules on Obscene, Gang-related Materials, by Michael Brodheim
- Brits Alarmed to Learn Prisoners Work as Insurance Telemarketers, by Joe Watson
- Arizona Department of Corrections Adopts Same-Sex Marriage Policy, by Michael Brodheim
- Ninth Circuit: “Brutal” Cavity Search Violated Fourth Amendment, by Mark Wilson
- Florida Home Confinement Program Criticized After Witness’ Murder
- Ten Law Enforcement Groups Among Worst Charities in America, by Joe Watson
- Strip Searches of Female Visitors on Their Menstrual Period Addressed at CCA Shareholder Meeting
- Peer-Review Reports Must be Disclosed in Philadelphia Jail Conditions Suit, by David Reutter
- California Prison Officials Ordered to Provide Qualified Sign Language Interpreters for All Deaf Prisoners, by Michael Brodheim
- Settlement Moots Appeal of Claims Denied by Summary Judgment, by David Reutter
- $1.35 Million Total Settlement for South Carolina Detainee Beaten by Jail Guard, by David Reutter
- Texas Prisoners Face Annual Shortage of Hygiene Items in Prison Commissaries, by Matthew Clarke
- Alabama DOC Agrees to Protect Women Prisoners from Systemic Sexual Abuse, Harassment, by David Reutter
- Harris County, Texas Jail Prisoner’s Death Results in Firings, Lawsuits
- Companies Pitch Tablets for Prisoners to Maintain Family Ties, Aid in Reentry ... and Generate Profit, by Derek Gilna
- Private Prison Corporation GEO Group Expands its Stable of Former Top Federal Officials, by Darwin Bond-Graham
- Georgia’s Privatized Probation Statute Facially Constitutional, but Problems with Administration, by David Reutter
- New Jersey County Seeks New Jail Phone Contract, Increases Commission Rate, by Derek Gilna
- Deaths, Lawsuits Plague San Diego County Jail, by Gary Hunter
- Chicago Systematically Denies Medical Care to Detainees; $1 Million Verdict, by David Reutter
- Successful Defense of Consent Decree Merits Award of Untimely Attorney Fees, by David Reutter
- Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines, by Derek Gilna
- $400,000 Settlement in Suit Over Minnesota Prisoner’s Death Due to Medical Neglect, by Matthew Clarke
- Supreme Court Holds Juror’s Alleged Lies During Voir Dire Not Grounds for New Trial, by Derek Gilna
- 32 Deaths at CCA-operated Immigration Detention Facilities Include at Least 7 Suicides, by Alex Friedmann
- $6.2 Million Settlement Reached in D.C. Jail Strip Search, Overdetention Suit, by Derek Gilna
- GEO Group’s Gulags Grasping for Green Approval, by Panagioti Tsolkas
- Behind Bars and in Danger?, by Dana Difilippo
- Explosion at Florida Jail Kills Two Prisoners as Officials Negotiate Reforms for Unconstitutional Conditions, by David Reutter
- Ohio DOC Pays $2,000 to Prisoner Burned on Exposed Steam Pipe
- From the Editor, by Paul Wright
- Adolescent Prisoners at Rikers Island No Longer Placed in Solitary
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- CoreCivic Pays $82,500 for First COVID-19 Death at San Diego ICE Lockup, Nov. 1, 2025. Corrections Corporation of America/CoreCivic, COVID-19, Federal Tort Claims Act, Failure to Train/Supervise, Detention - Generally.
- $100,000 Settlement Reached Between Imprisoned BOP Guard and Prisoners He Raped, Nov. 1, 2025. Staff-Prisoner Assault, Retaliatory Segregation, Federal Tort Claims Act, Sovereign Immunity, Adequacy of Remedy.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).