United States Second Circuit

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Cooke v. US, 17‐3911

Held that a woman failed to administratively exhaust her tort claims against the U.S. government arising out of an alleged assault by border patrol agents. She contended that the mailbox rule applied because she mailed in an administrative claim form, even if she could not prove receipt. However, the Second Circuit held that the mailbox rule does not apply to Federal Tort Claims Act claims, and affirmed the dismissal of her complaint.

Appellate Information

  • Decided
  • Published 2019/03/07

Judges

  • Chin

Court

  • United States Second Circuit

Counsel


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