King v. United States Government Federal

Background

Jason A. King appeared without a lawyer and sued the United States Government Federal and the Federal Bureau of Investigation. He alleged that, from November 1, 2016, through June 6, 2023, he experienced a privacy invasion, harassment, and conduct involving civilians and federal officials. He also alleged injuries, hospitalizations, and assaults. He sought $150,000,000 in damages and corrective health procedures.

The court had previously allowed King to proceed without prepaying filing fees. Because he proceeded that way, the court was required to dismiss the complaint if it was frivolous or malicious, failed to state a claim for relief, sought money from an immune defendant, or presented claims over which the court lacked authority.

Court’s analysis

The court applied sovereign immunity. That doctrine generally prevents federal courts from hearing lawsuits against the federal government and its agencies unless the government has waived that protection. The court treated King’s claims against the United States Government Federal and the Federal Bureau of Investigation as subject to that doctrine.

The Federal Tort Claims Act can waive sovereign immunity for certain injury claims based on wrongful conduct by federal employees acting within the scope of their work. But before filing a damages lawsuit under that law, a claimant generally must submit a written claim for a specified amount to the appropriate federal agency and receive a final written decision. If the agency does not issue a written decision within six months, the claimant may then bring the lawsuit.

The court found that King had not alleged facts showing that he submitted the required administrative claim and received a final written decision. He also had not alleged facts showing that more than six months had passed since he submitted such a claim. The court therefore concluded that the Federal Tort Claims Act did not waive sovereign immunity in this case.

Ruling

The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(iii), which requires dismissal when a fee-free complaint seeks relief from defendants immune from that relief. The court granted King 30 days’ leave to file an amended complaint stating facts supporting any Federal Tort Claims Act claim he wished to pursue. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied King fee-free status for purposes of an appeal.