United States First Circuit

Dismissal of claim against the FBI under the Federal Tort Claims Act as untimely is affirmed where: 1) the government need only prove constructive knowledge of the injury; 2) plaintiff did not show that a mental incapacity prevented her from filing a timely complaint; and 3) relation back to a previous complaint would be futile since the first complaint was also untimely.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• CYR, Senior Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul F. Denver, with whom Rossman & Rossman was on brief for appellants.


• For Appellees:
  
• Joshua P. Waldman, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Robert S. Greenspan, Department of Justice, were on brief for appellee.