Cooke v. United States, No. 17-3911 (2d Cir. 2019)Annotate this Case
The mailbox rule is inapplicable to claims brought under the Federal Tort Claims Act (FTCA). The Second Circuit affirmed the district court's dismissal of plaintiff's amended complaint alleging tort claims under the FTCA after CBP wrongfully detained and assaulted her at a highway checkpoint stop. The district court held that plaintiff failed to administratively exhaust her claims, and the claims therefore were barred by the doctrine of sovereign immunity. Plaintiff argued that the common law mailbox rule applied.
The court declined to reach the question of whether the requirements of the mailbox rule were met in this case and held that the mere mailing of a notice of claim did not satisfy the FTCA's presentment requirement.