Greenland v. United States of America

Background

Ronald C. Greenland, who was incarcerated and representing himself, brought an action under the Federal Tort Claims Act against the United States and Westchester Correctional Center. He alleged that he was injured on January 17, 2017, while in the custody of the United States Marshals Service. According to the allegations incorporated into his amended pleadings, he was directed to stand and turn around while restrained, causing him to fall without being able to brace himself because his hands and feet were restrained in an unsafe manner.

The first complaint was dismissed without prejudice because Greenland could not sue Westchester Correctional Center under New York law and had not shown that he satisfied the Federal Tort Claims Act’s procedural requirements for suing the United States. After the case was transferred to this court, Greenland amended his complaint to remove Westchester Correctional Center and add facts. The court then ordered him to explain why the case should not be dismissed. Greenland filed a second amended complaint.

Timeliness Requirement

The Federal Tort Claims Act waives the United States’ sovereign immunity for certain tort claims against federal officers or employees, but it imposes procedural requirements. One requirement is that a claim must be presented in writing to the appropriate federal agency within two years after it accrues. A claim generally accrues when the plaintiff discovers the injury and its cause, or when those facts reasonably should have been discovered.

Greenland’s administrative claim was presented to the Department of Justice in February 2019, more than two years after the January 17, 2017 injury. The court therefore found that the claim was untimely.

Arguments About Accrual

Greenland argued that his claim accrued 18 months after the incident, when a physician diagnosed him with tendonitis and other medical injuries. The court rejected that argument, explaining that learning the full extent or seriousness of an injury does not change when the claim accrues.

Greenland also argued that the deadline should not begin until he could reasonably discover the connection between the incident and his injury. The court concluded that his allegations showed that the connection was, or should have been, clear on the day of the fall. The court noted that he was taken to a hospital less than an hour after the incident.

Equitable Tolling

The court also considered equitable tolling, which is a doctrine allowing a court to extend a filing deadline in limited circumstances to prevent unfairness. Greenland alleged that he first requested a claim form in October 2018, three months before the deadline but more than 20 months after his injury. The court had previously found no extraordinary circumstances justifying an extension, and Greenland identified no new circumstances in his latest submissions.

Ruling

Judge Kenneth M. Karas dismissed Greenland’s claims against the United States for failure to state a claim on which relief could be granted. The Clerk of Court was directed to enter judgment for the defendants, close the case, and mail a copy of the order to Greenland. The order does not state that the dismissal was with or without prejudice.