Linda Charlene Jackson, Rep., Est. of George Jackson, Jr. v. United States, 730 F.2d 808 (D.C. Cir. 1984). · Go Syfert
Linda Charlene Jackson, Rep., Est. of George Jackson, Jr. v. United States, 730 F.2d 808 (D.C. Cir. 1984). Cases Citing This Book View Copy Cite
G Cite
70 citation events (51 in the last 25 years) across 9 distinct courts.
Strongest positive: NGONO v. MOSHANNON VALLEY CORRECTIONAL CENTER (pawd, 2021-09-22)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) NGONO v. MOSHANNON VALLEY CORRECTIONAL CENTER
W.D. Pa. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
such a claim is a mandatory jurisdictional prerequisite to a suit against the united states.
discussed Cited as authority (verbatim quote) Medina v. United States
D.D.C. · 2020 · quote attribution · 1 verbatim quote · confidence high
such a claim is a mandatory jurisdictional prerequisite to a suit against the united states.
discussed Cited as authority (verbatim quote) Aguirre v. United States
D.D.C. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
such a claim is a mandatory jurisdictional prerequisite to a suit against the united states.
cited Cited as authority (rule) Tay v. Obama
D.D.C. · 2014 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Caudle v. U.S. Marshal Cell Block
D.D.C. · 2014 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) ['Turner v. United States Parole Commission']
D.D.C. · 2014 · confidence medium
Cir. 1987); jackson v. United States, 730 F.2d 808, 809 (D.C.
discussed Cited as authority (rule) Montano Electrical Contractor v. United States
Fed. Cl. · 2014 · confidence medium
See Kokotis v. United States Postal Service, 223 F.3d 275, 278-79 (4th Cir.2000) (internal citations omitted); Jackson v. United States, 730 F.2d 808, 809-10 (D.C.Cir.1984); Gonzales v. United States Postal Service, 543 F.Supp. 838, 839 (N.D.Cal.1982).
discussed Cited as authority (rule) Montano Electrical Contractor v. United States
Fed. Cl. · 2014 · confidence medium
See Kokotis v. United States Postal Service, 223 F.3d 275, 278-79 (4th Cir. 2000) (internal citations omitted); Jackson v. 9 In relevant part, the FTCA provides that the district courts ... shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages ... for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claima…
cited Cited as authority (rule) Kempo v. United States
D.D.C. · 2014 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Barnett v. United States
D.D.C. · 2013 · confidence medium
See GAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984); Stokes v. U.S. Postal Service, 937 F.Supp. 11, 14 (D.D.C.1996).
cited Cited as authority (rule) Brodzki v. United States
D.D.C. · 2013 · confidence medium
Cir. 1987); jackson v. United Staz‘es, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Brown v. Fbi
D.D.C. · 2013 · confidence medium
Cir. 1987); Jackson v. United Stales, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Jones v. Department of Justice
D.D.C. · 2013 · confidence medium
Cir. 1987); Jackson 3 v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Young v. Federa Bureau of Prisons
D.D.C. · 2012 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Demartino v. United States Copyright Office
D.D.C. · 2012 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Brodzki v. United States
D.D.C. · 2012 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Brodzki v. United States
D.D.C. · 2012 · confidence medium
Cir. 1987); jackson v. Um`lea’ States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Phillips v. United States
D.D.C. · 2011 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808,809 (D.C.
cited Cited as authority (rule) Carter v. Laws of the United States
D.D.C. · 2011 · confidence medium
Cir. 1987); Jackson v. United Stales, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Bush v. Gonzalez
D.D.C. · 2011 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Smith v. United States of America
D.D.C. · 2011 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) OLANIYI v. District of Columbia
D.D.C. · 2011 · confidence medium
Stokes v. United States Postal Serv., 937 F.Supp. 11, 14 (D.D.C.1996) (citing Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984)).
cited Cited as authority (rule) Olaniyi v. United States
D.D.C. · 2011 · confidence medium
Stokes v. United States Postal Serv., 937 F. Supp. 11, 14 (D.D.C. 1996) (citing Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Herbert v. Holder
D.D.C. · 2010 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Colbert v. Social Security Administration
D.D.C. · 2010 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Partovi v. United States
D.D.C. · 2010 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Colbert v. US Marshal's Office
D.D.C. · 2010 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808,809 (D.C.
cited Cited as authority (rule) Al-Zahrani v. Rumsfeld
D.D.C. · 2010 · confidence medium
Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984).
cited Cited as authority (rule) Al-Zahrani v. Donald Rumsfeld
D.D.C. · 2010 · confidence medium
Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Rattler v. United States
D.D.C. · 2010 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Martin v. United States Marshal Service
D.D.C. · 2009 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Martin v. United States Marshals Service
D.D.C. · 2009 · confidence medium
See Simpkins v. District of Columbia, 108 F.3d 366, 370-71 (D.C.Cir.1997); GAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984).
cited Cited as authority (rule) Jackson v. Gmac, Insurance
D.D.C. · 2009 · confidence medium
See GAF Corp., 818 F.2d at 917-20 ; Jackson v. United States, 730 F.2d 808, 809 (D.C.
discussed Cited as authority (rule) Peavey v. Holder
D.D.C. · 2009 · confidence medium
See Jones v. U.S., 296 Fed.Appx. 82, 88 (D.C.Cir.2008); Simpkins v. District of Columbia Gov’t, 108 F.3d 366, 370-71 (D.C.Cir.1997); GAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984).
cited Cited as authority (rule) Peavey v. Gonzalez
D.D.C. · 2009 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Edwards v. Inglehart
D.D.C. · 2009 · confidence medium
See GAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984); Stokes v. U.S. Postal Service, 937 F.Supp. 11, 14 (D.D.C.1996).
cited Cited as authority (rule) Edwards v. Inglehart
D.D.C. · 2009 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
cited Cited as authority (rule) Montenegro v. United States Coast Guard
D.D.C. · 2009 · confidence medium
Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.
discussed Cited as authority (rule) Thomas v. Nicholson
D.D.C. · 2008 · confidence medium
Op. [Dkt. # 155] at 213 (“The exhaustion requirement is a mandatory jurisdictional prerequisite, GAF Corp. v. United States, 818 F.2d 901, 905 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984), which the Court cannot excuse.”) 5 .
discussed Cited as authority (rule) Thomas v. Nicholson
D.D.C. · 2008 · confidence medium
The exhaustion requirement is a mandatory jurisdictional prerequisite, GAF Corp. v. United States, 818 F.2d 901, 905 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984), which the Court cannot excuse.
discussed Cited as authority (rule) Hall v. Administrative Office of the United States Courts
D.D.C. · 2007 · confidence medium
Thus, the filing of such a claim with the agency is a mandatory prerequisite to filing a lawsuit against the United States, and without it, the Court lacks jurisdiction to entertain a tort claim against the United States. 1 Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984); Stokes v. United States Postal Serv., 937 F.Supp. 11, 14 (D.D.C.1996).
discussed Cited as authority (rule) Healy Ex Rel. Healy v. United States
D.D.C. · 2006 · confidence medium
Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir. 1984) (citing 28 U.S.C. § 2675 ); see also Avocados Plus Inc. v. Veneman, 370 F.3d 1243, 1247 (D.C.Cir.2004) (distinguishing the concepts of jurisdictional and non-jurisdictional exhaustion).
discussed Cited as authority (rule) Office of Foreign Assets Control v. Voices in the Wilderness
D.D.C. · 2004 · confidence medium
See McNeil v. United States, 508 U.S. 106, 113 , 113 S.Ct. 1980 , 124 L.Ed.2d 21 (1993); Simpkins v. District of Columbia Gov’t, 108 F.3d 366, 371 (D.C.Cir.1997); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984); Arbitraje Casa de Cambio, S.A. de C.V. v. United States Postal Serv., 297 F.Supp.2d 165, 170 (D.D.C.2003).
discussed Cited as authority (rule) Arbitraje Casa De Cambio, S.A. De C v. v. United States Postal Service
D.D.C. · 2003 · confidence medium
Presentation of a claim “is a mandatory jurisdictional prerequisite to suit against the United States, and this failure to exhaust administrative remedies deprives this Court of subject matter jurisdiction to hear these claims.” Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984).
discussed Cited as authority (rule) Konarski v. Brown
D.D.C. · 2003 · confidence medium
See 28 U.S.C. § 2675 ; 4 McNeil v. United States, 508 U.S. 106, 113 , 113 S.Ct. 1980 , 124 L.Ed.2d 21 (1993) (holding that petitioner’s case was properly dismissed because he failed to heed the clear statutory command which states that the FTCA bars claimants from bringing suit in federal court until they have exhausted their administrative remedies); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984) (affirming the district court’s dismissal of a claim brought under the Federal Tort Claim Act for failure to exhaust administrative remedies prior to bringing suit).
cited Cited as authority (rule) Reynolds El v. Husk
D.D.C. · 2002 · confidence medium
See GAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C.Cir.1987); Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984).
discussed Cited as authority (rule) Aldridge v. Hartford Hospital
D. Conn. · 1996 · confidence medium
Henderson v. United States, 785 F.2d 121, 123-125 (4th Cir.1986); Jackson v. United States, 730 F.2d 808, 809-810 (D.C.Cir.1984) (per curiam); Holloman v. Watt, 708 F.2d 1399, 1402 (9th Cir.1983); Rauccio v. Frank, 750 F.Supp. 566, 574 (D.Conn.1990).
cited Cited as authority (rule) Stokes v. U.S. Postal Service
D.D.C. · 1996 · confidence medium
Jackson v. United States, 730 F.2d 808, 809 (D.C.Cir.1984).
discussed Cited as authority (rule) Shirley B. Hiatt as Personal Representative of the Estate of Dale C. Hiatt, Deceased, Cross-Appellant v. United States of America, Defendant-Third-Party Cross-Appellee, George P. Tsiotis, Third-Party George P. Tsiotis v. United States
3rd Cir. · 1990 · confidence medium
Circuit affirmed that ruling, noting, among other things, that the widow's survivorship claims raised in the FTCA suit were "different in nature from the wrongful death claim asserted administratively." Id. at 810 (citation omitted).
discussed Cited as authority (rule) Hiatt ex rel. Estate of Hiatt v. United States
11th Cir. · 1990 · confidence medium
Circuit affirmed that ruling, noting, among other things, that the widow’s survivorship claims raised in the FTCA suit were “different in nature from the wrongful death claim asserted administratively.” Id. at 810 (citation omitted).
Retrieving the full opinion text from the archive…
Linda Charlene JACKSON, Representative, Estate of George Jackson, Jr., Appellant,
v.
UNITED STATES of America
83-1308.
Court of Appeals for the D.C. Circuit.
Mar 23, 1984.
730 F.2d 808
David J. Perrone, Olney, Md. with whom Thomas Fortune Fay, Olney, Md., was on the brief, for appellant., Wayne P. Williams, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), Royce C. Lamberth, R. Craig Lawrence, and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellees., Before EDWARDS and SCALIA, Circuit Judges, and GESELL,* United States District Judge for the District of Columbia.
Per Curiam.
Cited by 64 opinions  |  Published

Opinion PER CURIAM.

PER CURIAM:

This is an appeal from an Order of the United States District Court dismissing a complaint brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq., for failure to exhaust administrative remedies prior to bringing suit. [1] For the reasons given below, we affirm in part and remand for further consideration.

George Jackson, Jr. (Jackson) was killed in March, 1979, while an inmate at the Lewisburg, Pennsylvania, federal penitentiary. He died intestate. On October 6, 1980, Jackson’s mother and father filed an administrative claim against the United States alleging wrongful death and seeking damages of $100,000. This claim was denied by the government in December of 1981. On March 23, 1983, suit was filed in United States District Court by Linda Jackson, widow of the decedent, “individually and as personal representative of Estate of George L. Jackson, Jr.,” asking for ten million dollars in damages under Pennsylvania’s wrongful death and survival action statutes, 42 Pa.C.S.A. §§ 8301, 8302. The complaint was signed by Linda Jackson as the named plaintiff, and also by the decedent’s parents as “understood and agreed to.”

After discovery was well under way the United States moved to dismiss on the ground that the suit was barred for failure to exhaust administrative remedies because Jackson’s widow had not filed an administrative claim. Plaintiff opposed the motion, arguing that the claim filed by Jackson’s parents satisfied the requisites of the Federal Tort Claims Act because the claim form listed Linda Jackson as Jackson’s spouse, therefore putting the government on “notice” of her claim, and because the survival claim she asserted was the same “right” asserted by the parents in their administrative action. On October 12, 1982, the District Court dismissed the suit, holding that the parents’ administrative claim for wrongful death “was filed on their own behalf” and “cannot be used by plaintiff to satisfy the requirement that she file an administrative claim.” Jackson, 558 F.Supp. at 16.

The District Court was clearly correct in concluding that the survivorship action and Linda Jackson’s individual wrongful death action are barred by the Federal Tort Claims Act. She filed no administrative claim on behalf of herself or the estate. Such a claim is a mandatory jurisdictional prerequisite to a suit against the United States. 28 U.S.C. § 2675. Mere “notice” of plaintiff’s claims, even if such[*810] could be inferred from the claim form filed by Jackson’s parents, is not enough. See, e.g., Gordon H. Ball, Inc. v. United States, 461 F.Supp. 311, 314 (D.Nev.1978); Walker v. United States, 471 F.Supp. 38, 42 (M.D. Fla.1978); Green v. United States, 385 F.Supp. 641, 644 (S.D.Cal.1974); Collazo v. United States, 372 F.Supp. 61, 62 (D.P.R. 1973). Nor can there be any doubt that the survivorship claims raised in court are different in nature from the wrongful death claim asserted administratively. McClinton v. White, 285 Pa.Super. 271, 427 A.2d 218, 221 (1981).

There nevertheless remains an issue which was not fully addressed by the District Court, namely, whether Linda Jackson, as personal representative of the estate, can pursue the parents’ own claim for wrongful death on their behalf. [2] There is no question that the parents have satisfied the administrative exhaustion requirements of the FTCA with respect to their own wrongful death claim. Moreover, the complaint filed below was brought “for damages for the wrongful death and survivor-ship (by the wife, the estate, and its heirs) of a prisoner ...” [emphasis added], and was signed by the parents as “agreed to.” It cannot be said, therefore, that the parents took no further action to pursue their wrongful death claim. 558 F.Supp. at 15.

The parents’ claim has been properly presented in Court, however, only if the named plaintiff has authority to represent their interests with respect to their § 8301 wrongful death claim. This question, which involves an interpretation of Pennsylvania law, see 28 C.F.R. 14.5, was not addressed by the District Court and has not been adequately briefed and argued on appeal. Further facts may be required before the effect of Pennsylvania law in the present case can be determined. [3] This phase of the case must be remanded to the District Court. Although we express no view on the merits, if the District Court determines that the parents’ wrongful death action should go forward any recovery must be limited to the $100,000 claimed administratively. 28 U.S.C. § 2675(b). We intimate no view concerning whether Linda Jackson would be entitled under state law to share in the parents’ recovery or, indeed, whether the federal courts are the proper forum for addressing this issue.

The judgment of the District Court is affirmed in part and remanded for further consideration in the light of the foregoing.

1

. Jackson v. United States, 558 F.Supp. 14 (D.D. C.1982).

2

. This issue was not discussed by the District Court in its Memorandum opinion. Plaintiff brought this question to the Court's attention in her motion for reconsideration, which was denied without explanation.

3

. The law of that state on this question is not clear. Compare Soares v. McClosky, 466 F.Supp. 703, 708 (E.D.Pa.1979) ("Under Pennsylvania law, an administratrix can bring ... a wrongful death action on behalf of specified beneficiaries ...”) with Heffner v. Allstate Insurance Co., 265 Pa.Super. 181, 401 A.2d 1160, 1164 (1979) ("In a wrongful death action ... [t]he persons entitled to recover such damages do not include the victim’s estate generally ...”).