At page 770 Presentment requirement as jurisdictional prerequisite to ftca action19 citing cases“permits persons injured by federal employees to sue the united states for tort claims in federal district court.”
- Ferdinand F. Nelson v. United States, No. 6:25-cv-03349 (W.D. Mo. Mar. 24, 2026).(The FTCA is a limited waiver of the United States’ sovereign immunity. It permits persons injured by federal employees to sue the United States for tort claims in federal district court.)
- Becker v. Vaughn, No. 8:25-cv-00372 (D. Neb. June 24, 2025).(The presentment requirement is a jurisdictional prerequisite to filing an FTCA action in federal court.)
- Tucker v. United States Postal Serv., No. 4:23-cv-00217 (W.D. Mo. May 31, 2024). (The presentment requirement is a jurisdictional prerequisite to filing an FTCA action in federal court.)
- Ferdinand F. Nelson v. Fed. Bureau of Investigation, No. 6:25-cv-03353 (W.D. Mo. Feb. 4, 2026).Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020)); see also Mader, 654 F.3d at 802, 808 (affirming dismissal for are deemed by the United States to be “employees of the government” who were “acting within the scope of [t…
- Richmond v. State of South Dakota, No. 4:24-cv-04067 (D.S.D. Mar. 14, 2025).(As part of this administrative process, the party ‘shall have first presented the claims to the appropriate Federal agency.” (quoting 28 U.S.C. § 2675 (a))
- Valdez v. Scottsbluff Operations LLC, No. 8:22-cv-00289 (D. Neb. May 9, 2024).The FTCA “permits persons injured by federal employees to sue the United States for tort claims in federal district court.” Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020).
- King v. United State of Am., No. 8:24-cv-00009 (D. Neb. Apr. 12, 2024).The FTCA “permits persons injured by federal employees to sue the United States for tort claims in federal district court.” Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020).
- Barbara Adams v. United States, No. 22-2247 (8th Cir. July 11, 2023).unpublished“The FTCA is a limited waiver of the United States’ sovereign immunity,” which allows an individual “injured by federal employees to sue the United States for tort claims in federal district court.” Rollo-Carlson as Tr. for Flackus-Carlson…
- Pipes v. Kirksville Missouri Hosp. Co., No. 2:22-cv-00047 (E.D. Mo. Dec. 21, 2022).Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020)).
- Hansen v. United States, No. 8:21-cv-00371 (D. Neb. May 11, 2022).The FTCA “permits persons injured by federal employees to sue the United States for tort claims in federal district court.” Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020).
Show 8 more citing cases
- Trottier v. United States, No. 3:21-cv-00093 (D.N.D. Nov. 10, 2021). Nov. 4, 2020) (citing Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020)).
- Cassondra King v. United States, 3 F.4th 996 (8th Cir. 2021).publishedFlackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020); see generally Brownback v. King, 141 S. Ct. 740 , 745-46 (2021) (explaining how the FTCA “streamlined litigation for parties injured by federal employees acting within th…
- Marshall v. United States, No. 2:19-cv-04221 (W.D. Mo. Nov. 25, 2020).Rollo-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020), aff’g Rollo-Carlson v. United States, 2019 WL 1243017 (D.
- Sauermilch Perez v. Fed. Bureau of Prisons, No. 8:20-cv-00417 (D. Neb. Oct. 22, 2020).Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020).
- Ways, No. 4:25-cv-03213 (D. Neb. Dec. 1, 2025).Compare filing 1 at 3, with, e.g., Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020) (citing 28 U.S.C. § 2675 (a)).
- Johns v. Pemberton, No. 0:24-cv-01892 (D. Minn. Mar. 5, 2025).(The extent of the United States’ liability under the FTCA is generally determined by reference to state law.” (quotation omitted))
- Ellis v. United States, No. 8:19-cv-00501 (D. Neb. Oct. 23, 2020).Moreover, the Court of Appeals held that "strict compliance with § 2675(a) is a jurisdictional prerequisite to suit under the FTCA." Id. at 805; see also Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir…
- Vasser v. United States Marshals Serv., No. 8:23-cv-00269 (D. Neb. Sept. 11, 2025).
At page 771 Determining trustee status and preclusion in administrative claims6 citing casesPreclusion [from raising lack of evidence of authority] does not apply where, as here, a party must administratively exhaust her claim before filing suit in court.
- Puetz v. United States, No. 0:22-cv-02870 (D. Minn. June 26, 2023).(Preclusion [from raising lack of evidence of authority] does not apply where, as here, a party must administratively exhaust her claim before filing suit in court.)
- Ellis v. United States, No. 8:21-cv-00062 (D. Neb. May 20, 2021).(Preclusion does not apply where, as here, a party must administratively exhaust her claim before filing suit in court.)
- Wendy Black Tail Deer v. United States, No. 3:25-cv-03022 (D.S.D. Sept. 14, 2026).(holding that the Department of Veteran Affairs had no duty to notify the plaintiff that her FTCA claim was improperly presented or deficient)
- Est. of Eleusipa Van Emburgh v. United States, 95 F.4th 795 (4th Cir. 2024).published(affirming dismissal for lack of jurisdiction because plaintiff was not properly appointed as the estate’s representative under state law when she filed wrongful death claim with the agency)
- Trottier v. United States, No. 3:21-cv-00093 (D.N.D. Nov. 10, 2021). Nov. 4, 2020) (citing Rollo-Carlson as Tr. for Flackus-Carlson v. United States, 971 F.3d 768, 770 (8th Cir. 2020)).
- Pretends Eagle v. United States, 692 F. Supp. 3d 864 (D.S.D. 2023).published (dismissing the FTCA action brought by the decedent’s mother for lack of jurisdiction and noting her “status as next-of-kin is not synonymous with her status as appointed trustee under Minnesota law)
v.
United States
For the Eighth Circuit
No. 19-1815
Cynthia Rollo-Carlson, as Trustee for Jeremiah Flackus-Carlson, deceased
lllllllllllllllllllllPlaintiff - Appellant
v.
United States of America
lllllllllllllllllllllDefendant - Appellee
Appeal from United States District Court
for the District of Minnesota
Submitted: June 17, 2020
Filed: August 19, 2020
Before KELLY, ERICKSON, and STRAS, Circuit Judges.
KELLY, Circuit Judge.
Cynthia Rollo-Carlson brought a Federal Tort Claims Act (FTCA) claim against the government, alleging that the Department of Veterans Affairs (VA) provided negligent psychiatric care that resulted in her son’s death. The district court1 dismissed her complaint for lack of subject-matter jurisdiction. We affirm.
never presented the VA with her authority to act as a trustee, as required by FTCA, and that such presentment is a jurisdictional prerequisite. The district court agreed and dismissed Rollo-Carlson’s complaint. Rollo-Carlson appeals. Having jurisdiction under 28 U.S.C. § 1291 and applying de novo review, we affirm. See ABF Freight Sys. v. Int’l Bhd. of Teamsters, 645 F.3d 954, 958 (8th Cir. 2011) (standard of review).
II.
The FTCA is a limited waiver of the United States’ sovereign immunity. Molzof ex rel. Molzof v. United States, 502 U.S. 301, 305 (1992). It permits persons injured by federal employees to sue the United States for tort claims in federal district court. Id. The “extent of the United States’ liability under the FTCA is generally determined by reference to state law.” Id.; see also 28 U.S.C. §§ 1346(b)(1), 2674.
Before bringing an FTCA claim in federal court, a party must administratively exhaust their remedies under the FTCA. 28 U.S.C. § 2675(a). As part of this administrative process, the party “shall have first presented the claim to the appropriate Federal agency.” Id. The presentment requirement is a jurisdictional prerequisite to filing an FTCA action in federal court. Mader v. United States, 654 F.3d 794, 808 (8th Cir. 2011) (en banc).
The FTCA does not specify what information must be included in a properly “presented” claim. Id. at 798. Instead, 28 C.F.R. § 14.2(a) provides the following clarification for the presentment requirement:
[A] claim shall be deemed to have been presented when a Federal agency receives from a claimant, his duly authorized agent or legal representative, [1] an executed Standard Form 95 or other written notification of an incident, [2] accompanied by a claim for money damages in a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the[*~769–771] incident, and [3] the title or legal capacity of the person signing, and is accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.
28 C.F.R. § 14.2(a) (emphasis added).
Both parties agree that in this case Minnesota law governs whether a person has authority to present a claim. See 28 U.S.C. §§ 1346(b)(1), 2674; see also Mader 654 F.3d at 808; Goodman v. United States, 2 F.3d 291, 292 (8th Cir. 1993) (“In this FTCA case, we are, of course, bound to apply the law of the state in which the acts complained of occurred.”). The parties also agree that Minnesota’s wrongful-death statute requires a court-appointed trustee to bring a wrongful-death action. Minn. Stat. § 573.02; see also Regie de l’assurance Auto. du Quebec v. Jensen, 399 N.W.2d 85, 89–90 (Minn. 1987).
Rollo-Carlson concedes she was not the appointed trustee under Minnesota law and was only Jeremiah’s next-of-kin at the time she filed a claim with the VA. Nevertheless, she argues that she satisfied the presentment requirement.[2] First, she argues that under Minnesota law, there is a difference between a “claim” and an “action.” And because the wrongful-death statute requires that a wrongful-death action—not claim—be filed by an appointed trustee, her status as next-of-kin at the time she filed the VA Claim satisfied Minnesota law. But we are unaware of any legal authority stating that Minnesota law contemplates a distinction between a “claim” and an “action” for purposes of wrongful death cases, and Rollo-Carlson provides none. Indeed, Minnesota courts use “claim” and “action” interchangeably when discussing[*~770–772] the wrongful-death statute. See e.g., Ortiz v. Gavenda, 590 N.W.2d 119 (Minn. 1999); Jensen, 399 N.W.2d at 89–90.
Second, Rollo-Carlson contends the VA had actual notice of her authority to bring a claim because it granted her a burial allowance; acknowledged her claim for insurance; responded to her requests for medical records; provided information regarding the circumstance surrounding Jeremiah’s death; received a death certificate listing Jeremiah as single and never married; and replied to her request for Jeremiah’s file. As a result, she argues, the VA knew she had the authority to act on behalf of Jeremiah. But Rollo-Carlson’s status as next-of-kin is not synonymous with her status as appointed trustee under Minnesota law.[3] To the extent she argues that she is excused from her obligation to show she was the appointed trustee because the VA had evidence indicating she had authority to act on Jeremiah’s behalf in another capacity and in other contexts, the presentment requirement contains no such exception, and Rollo-Carlson provides no legal support for one. See 28 C.F.R. § 14.2(a).
Third, she alleges that the government is precluded from arguing she failed to satisfy the presentment requirement because it did not raise the issue during the VA’s review. We disagree. Preclusion does not apply where, as here, a party must administratively exhaust her claim before filing suit in court. See Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104, 110–11 (1991).
For the foregoing reasons, the district court properly dismissed Rollo-Carlson’s complaint for lack of subject-matter jurisdiction. We affirm.
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