Williams, Scott & Associates LLC v. United States

Background

John T. Williams filed the complaint without a lawyer and without prepaying the filing fee. He filed it for himself and Williams, Scott & Associates LLC. The complaint asserted claims under the Federal Tort Claims Act, a law that waives the United States’ immunity from some claims for money damages based on wrongful conduct by federal employees.

Williams alleged that federal government officers unlawfully searched and seized property without a valid warrant or probable cause, and unlawfully arrested and prosecuted him and the two businesses identified in the complaint. He said he had filed an administrative claim that was denied on December 3, 2019, and sought damages.

Federal Tort Claims Act claims

The court explained that a Federal Tort Claims Act claim generally must be submitted in writing to the appropriate federal agency within two years after the claim arises. It determined that the allegations concerned the investigation, May 2014 search, November 2014 arrest, and December 2014 indictment. The deadline for an administrative claim based on those events therefore expired in 2016 or 2017. The court held that a later administrative claim, or a later request to reconsider an earlier claim, could not revive the claims.

The court rejected Williams’s argument that information about the search warrant had been concealed until September 20, 2019. It stated that Williams had raised the alleged unlawfulness of the search in earlier filings before that date, so the information was not a basis for extending the deadline. The court also noted that Williams had already had multiple opportunities to explain why claims arising from the same events were timely.

The court further stated that a damages action under the Federal Tort Claims Act was not the proper way to challenge Williams’s prosecution and conviction. It said those challenges could be raised, if at all, in his pending motion attacking the conviction under 28 U.S.C. § 2255. In a footnote, the court also stated that, even if the claims were timely, the Federal Tort Claims Act does not waive the United States’ immunity for constitutional-tort claims.

Representation of the business

The court ruled that a person who is not a lawyer may represent himself but may not represent a corporation, partnership, association, or other business entity in court. Because Williams was not a lawyer, he could not bring the action on behalf of Williams, Scott & Associates LLC. The court dismissed the entity from the action.

Order to show cause and disposition

An order to show cause requires a party to explain why the court should not take a proposed action. Based on Williams’s prior litigation history and earlier warnings about representing businesses and repeating previously dismissed claims, the court ordered him to submit a declaration within 30 days explaining why he should not be barred under 28 U.S.C. § 1651 from filing future actions without prepaying the filing fee unless he first obtained permission from the court.

The court stated that if Williams did not submit the declaration on time, or if it did not provide good cause, he would be barred from filing further actions without prepaying the filing fee in this court unless he first obtained permission. The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).