Walker v. United States of America
- Virginia Demarchi
- 5:25-cv-09903
- U.S. District Court · Northern District of California
- 4
In Travis Walker v. United States, Magistrate Judge DeMarchi recommended dismissing the amended negligence claim because it was not plausibly pleaded.
Travis Walker’s amended FTCA negligence claim against the United States was recommended for dismissal, while final disposition was left to a district judge after reassignment.
What happened
Travis Walker v. United States of America concerns a self-represented plaintiff’s negligence claim against the United States under the Federal Tort Claims Act. Walker alleged that federal agents surveilled him and that this caused stress, anxiety, and physical symptoms.
Walker amended his complaint after the court found that his original complaint did not state a claim. He added dates when he said he saw surveillance vans, but continued to allege generally that the government owed him a duty and breached it.
Magistrate Judge Virginia K. DeMarchi recommended dismissing the amended complaint without further leave to amend and ordered reassignment to a district judge because the amended allegations were conclusory and did not plausibly support negligence. The parties may object within 14 days after being served.
The detailed version
- Walker v. United States of America · No. 5:25-cv-09903
- Virginia Demarchi
- Dec. 23, 2025
Background
Travis Walker, who represented himself, sued the United States under the Federal Tort Claims Act (FTCA). His original complaint asserted negligence, intentional infliction of emotional distress, and invasion of privacy, and he applied to proceed without paying the filing fee. The court granted that application but found that the complaint failed to state a claim and allowed him to amend.
Walker’s amended complaint asserted one FTCA negligence claim. He alleged a continuing pattern of surveillance by federal agents and said he saw a white or gray van outside his residence on several dates. He also alleged that he submitted an administrative claim to the Department of Justice and the Federal Bureau of Investigation, that those agencies did not resolve it within six months, and that a response to his records request said they could not identify responsive records. He sought $18 million for stress, anxiety, and related physical symptoms.
Court’s Analysis
The court explained that an FTCA claim must involve, among other things, a negligent or wrongful act or omission by a government employee acting within the scope of employment, under circumstances in which a private person would be liable under applicable law. The court applied the standard requiring enough factual allegations to make a claim plausible rather than merely reciting its legal elements.
The court concluded that Walker’s amended complaint did not plausibly state negligence. The allegations that the United States owed him a duty of care and breached that duty through negligent and wrongful damages were conclusory. The complaint did not provide facts plausibly showing that federal agents owed Walker a duty of care or breached that duty by subjecting him to the alleged continuing surveillance.
Disposition
The court recommended that the amended complaint be dismissed without further leave to amend, finding no basis to conclude that another amendment could cure the identified problems. Because not all parties had consented to magistrate judge jurisdiction, the court ordered that the case be reassigned to a district judge for disposition. The opinion states that any party may file objections within 14 days after service of the report and recommendation. This document is a report and recommendation on dismissal, not a statement that the district judge had already entered the recommended dismissal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.