Williams, Scott & Associates LLC v. United States

Background

John T. Williams, representing himself and proceeding without paying the filing fee, filed a complaint for himself and two business entities: Williams, Scott, & Associates LLC and WSA, LLC. He asserted claims under the Federal Tort Claims Act, a statute that allows certain claims for injury caused by federal employees acting within the scope of their work, and also asserted state-law claims based on diversity jurisdiction.

The allegations concerned events connected to Federal Trade Commission enforcement proceedings and a criminal prosecution arising from debt-collection activity. The court noted that Williams had filed a substantially similar complaint in a prior related proceeding involving many of the same events and defendants. In that earlier round, the court had concluded that Williams did not state Federal Tort Claims Act or constitutional damages claims, that he could not represent the business entities without a lawyer, that some defendants were immune from suit, and that diversity jurisdiction was lacking. The court also said that challenges to Williams’s conviction or sentence belonged in a separate motion under 28 U.S.C. § 2255.

Federal Tort Claims Act timing

The court explained that a claimant generally must first file an administrative claim with the appropriate federal agency. The claim must be filed within two years after it arises, and after the agency issues a final denial, a lawsuit must generally be filed within six months after the denial is mailed. These deadlines are not jurisdictional and may be subject to equitable tolling, meaning that a court may extend a deadline in appropriate circumstances.

Williams referred generally to having satisfied the administrative requirement but did not provide specific information or supporting documents in this complaint. The court relied on an administrative claim that Williams had filed with the Department of Justice on May 25, 2018. The Department of Justice denied reconsideration on August 2, 2018, and its letter stated that a lawsuit had to be filed within six months after the mailing of the denial. Williams filed this action on September 20, 2019, which the court found was well beyond that period. The court further stated that any new administrative claim based on the older events would also be untimely because the two-year period for filing such a claim had expired.

The court found no facts suggesting that equitable tolling was appropriate. It also stated that allegations about more recent events amounted to a challenge to Williams’s criminal conviction and would not be considered in this action.

Order to show cause and other rulings

An order to show cause gives a party an opportunity to explain why a proposed action should not be taken. Although the court said it was inclined to dismiss the action as time-barred, it did not dismiss the complaint in this order. Instead, because Williams was representing himself, the court gave him 30 days to submit a declaration to the Pro Se Intake Unit explaining why the Federal Tort Claims Act claim should not be dismissed as untimely. The court stated that if Williams failed to comply or could not show good cause, the complaint would be dismissed for failure to state a claim on which relief may be granted. No summons would issue at that time.

The court warned that further duplicative or frivolous litigation could result in an order barring Williams from filing new actions without prior permission while seeking to proceed without paying the filing fee. It also certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.

Disposition

The court directed Williams to show cause within 30 days why the Federal Tort Claims Act claim should not be dismissed as untimely. The opinion did not state that the complaint had already been dismissed.