At page 1095 Preemption of tort claims by federal workers' compensation act57 citing cases“the united states is the only proper defendant in an ftca action.”
- Sherrill v. Bressor, No. 2:23-cv-02708 (D. Ariz. Apr. 16, 2024).(The United States is the only proper defendant 6 in an FTCA action.)
- California Fair Plan Ass'n v. United States Dep't of Agric., No. 3:21-cv-02099 (S.D. Cal. June 8, 2023).(The United States is the only proper 22 defendant in an FTCA action.)
- Aleck v. United States, No. 3:21-cv-00147 (D. Alaska Aug. 4, 2022).(The United States is the only proper defendant in an FTCA action.)
- Hines v. Mather V.A. Hosp., No. 5:21-cv-06564 (N.D. Cal. June 6, 2022).See Lance v. United States, 70 F.3d 1093, 1094 (9th Cir. 4 1995) (“The United States is the only proper defendant in an FTCA action.”); Allen v. Veterans 5 Admin., 749 F.2d 1386, 1388 (9th Cir. 1984) (same) (citing 28 U.S.C. §§ 1346 (b), 2…
- (PC) Rodriguez v. United States of Am., No. 1:19-cv-00001 (E.D. Cal. Nov. 15, 2019).“the district cou 2 also properly dismissed lance's action to the extent his complaint named does 1 through 20 ; 3 additional defendants: the united states is the only proper defendant in an ftca action.”
- Michael McRae v. Bairamian Dikran, No. 18-17019 (9th Cir. June 18, 2019).unpublished(The United States is the only proper defendant in an FTCA action.)
- William Kocol v. United States, 670 F. App'x 489 (9th Cir. 2016).unpublished(The United States is the only proper defendant in an FTCA action.)
- Waddell v. United States, No. 95-3143 (4th Cir. June 24, 1996).unpublished(FECA would therefore clearly bar an FTCA suit .. . .)
- Esteghalian v. Dep't of the Navy, No. 3:19-cv-01808 (S.D. Cal. June 16, 2020).“the district court also properly dismissed plaintiff's action to the extent 4 his complaint named does 1 through 20 as additional defendants: the united states is the 5 only proper defendant in an ftca action.”
- Hammerlord, No. 3:25-cv-00882 (S.D. Cal. Aug. 24, 2026).(SAC 25-26); 28 U.S.C. §§ 1346 , 2671-2680; 403 U.S. 388 . 11 “The United States is the only proper defendant in an FTCA action.” Lance v. United 12 States, 70 F.3d 1093, 1095 (9th Cir. 1995); see § 2679(d)(1) (providing a process for the…
Show 45 more citing cases
- Jerome L. Grimes v. Soc. Sec. Admin., No. 8:26-cv-01931 (C.D. Cal. Aug. 17, 2026).Nor can the Complaint even liberally 4 construed be interpreted to assert such a claim as, among other things, such a 5 claim may only be brought against the United States, not against an agency. 6 See Lance v. United States, 70 F.3d 1093,…
- Asche, No. 2:26-cv-00020 (D. Mont. July 17, 2026).With respect to Plaintiff's allegation about a workplace injury, Judge Cavan concluded that such a negligence claim is barred by FECA, which provides “the exclusive remedy against the federal government for federal employees injured at wor…
- Crozier, No. 1:24-cv-00255 (E.D. Cal. Dec. 4, 2025).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) 16 (“The United States is the only proper defendant in a FTCA action.”). 17 “The FTCA provides that the United States shall be liable for tort claims ‘in the same 18 manner and to…
- Shannon O. Murphy Esq. Sr. dba Sheetmetal & Assocs. v. U.S. Dep't of Vets. Affairs, No. 2:25-cv-01887 (E.D. Cal. Sept. 16, 2025).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 18 1995) (citing Woods v. United States, 720 F.2d 1451 , 1452 n.1 (9th Cir. 1983)).
- Gallucci v. United States Postal Serv., No. 3:22-cv-01692 (D. Or. Aug. 14, 2025).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (citing Woods v. United States, 720 F.2d 1451 , 1452 n.1 (9th Cir. 1983)).
- (PS) Singh Randhawa v. Dept. of Homeland Sec., No. 2:24-cv-01540 (E.D. Cal. Aug. 12, 2025).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (citing 4 Woods v. United States, 720 F.2d 1451 , 1452 n.1 (9th Cir. 1983)).
- Tonner v. United States, No. 3:24-cv-08057 (D. Ariz. July 25, 2025).FTCA Jurisdiction Over NPS 10 Under the FTCA, courts have jurisdiction only over the United States, not any 11 federal agency. 28 U.S.C. § 2679 (a); Kocol v. United States, 670 F. App’x 489, 490 (9th 12 Cir. 2016) (“The United States is th…
- Godman v. United States Postal Serv., No. 1:24-cv-00132 (D. Idaho July 22, 2025).Indeed, “[t]he United States is the only proper defendant in an FTCA action.” Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995).
- Cuiriz-Lopez v. United States Navy, No. 3:24-cv-02135 (S.D. Cal. Mar. 10, 2025).Proper Defendant 10 Under the FTCA, “[t]he United States is the only proper defendant.” Lance v. 11 United States, 70 F.3d 1093, 1095 (9th Cir. 1995).
- (PS) Humphrey v. Modesto Police Dept., No. 2:24-cv-01127 (E.D. Cal. Feb. 4, 2025).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (citing 20 Woods v. United States, 720 F.2d 1451 , 1452 n.1 (9th Cir. 1983)).
- Davis v. Mercier, No. 4:24-cv-00160 (D. Idaho Feb. 3, 2025).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995).
- (PC) Dugger v. United States, No. 2:23-cv-01057 (E.D. Cal. Jan. 29, 2025).With respect to the state law claims, “[t]he United States is the only 8 proper defendant in an FTCA action,” Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) 9 (per curiam) (citation omitted), and an action under the FTCA is the…
- Gambel v. United States of Am., No. 1:22-cv-04647 (N.D. Cal. Feb. 21, 2024).As previously mentioned, under the FTCA, the only proper 9 defendant is the United States (see Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995)), 10 thus, Plaintiff cannot maintain an FTCA action against Off the Grid; and, given…
- Eagle Meadows Road & Prop. Owners' Ass'n v. USDA Forest Serv., No. 1:22-cv-01657 (E.D. Cal. Jan. 2, 2024). According to the 25 proof of service, the summons and complaint were personally served on the “United States 26 27 1 “The United States is the only proper defendant in an FTCA action.” Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1…
- Fleming v. United States of Am., No. 3:22-cv-05082 (N.D. Cal. Nov. 15, 2023).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995).
- Pina v. United States, No. 2:22-cv-01946 (D. Nev. Sept. 5, 2023).(affirming 23 dismissal of Doe defendants in an FTCA case)
- Reid v. United States Dep't of Interior, No. 2:22-cv-00068 (D. Ariz. May 19, 2023).(holding the district 10 court properly dismissed the plaintiff’s “action to the extent [the] complaint named Does 1 11 through 20 as additional defendants)
- Diamond v. Alaska Native Tribal Health Consortium, No. 3:20-cv-00317 (D. Alaska Oct. 14, 2022).Under the Federal Rules, 18 [i]f a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff— 19 must dismiss the action without prejudice against that defendant or…
- Trinidad v. United States of Am., No. 3:22-cv-00229 (S.D. Cal. Oct. 3, 2022).“A district court does not err in 12 denying leave to amend where the amendment would be futile.” Id. (citing Reddy v. Litton 13 Indus., 912 F.2d 291, 296 (9th Cir. 1990), cert. denied, 502 U.S. 921 (1991)). 14 ANALYSIS 15 Defendant reques…
- Jenkins v. Girl's Hope of Pittsburgh, Inc., No. 2:20-cv-01762 (W.D. Pa. July 8, 2022).See 28 U.S.C. § 1346 ; Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995); Allgeier v. United States, 909 F.2d 869, 871 (6th Cir. 1990).
- D.D. v. United States of Am., No. 5:22-cv-00061 (C.D. Cal. Feb. 22, 2022).(per 19 || curiam)
- (PC) Hand v. Mgmt. & Training Corp., No. 1:20-cv-00819 (E.D. Cal. Feb. 11, 2022).Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (quoting 11 Woods v. United States, 720 F.2d 1451 , 1452 n.1 (9th Cir. 1983)), Therefore, Plaintiff fails to 12 state a claim under the FTCA.
- Sabelita Hawkins v. United States, 14 F.4th 1018 (9th Cir. 2021).published The panel held that Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (per curiam) (holding that “when Congress gave federal employees the right to recover for an injury under FECA, it took away their right to sue the government i…
- Kelley v. Wilper, No. 1:20-cv-00296 (D. Idaho Dec. 17, 2020).In an FTCA case “the United States is the only proper defendant.” Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995).
- Kelley v. Wilper, No. 1:20-cv-00295 (D. Idaho Dec. 17, 2020).In an FTCA case “the United States is the only proper defendant.” Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995).
- Zeiny v. United States of Am., No. 4:19-cv-05806 (N.D. Cal. Jan. 30, 2020). “The United States is the only proper defendant in a[] [Federal Tort Claims 17 Act] action.” See Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995). 18 In any event, as presently drafted, Plaintiff presents a litany of complaints a…
- Walker v. United States, 328 F. App'x 567 (9th Cir. 2009).unpublished The district court properly dismissed Walker’s claims challenging the denial of his request for disability benefits because the Federal Employees’ Compensation Act (“FECA”), 5 U.S.C. §§ 8101 et seq., provides an exclusive and comprehensive…
- Petersen v. United States, 319 F. App'x 515 (9th Cir. 2009).unpublished The district court properly dismissed the action because the Federal Employees’ Compensation Act (“FECA”), 5 U.S.C. § 8101 et seq., provides an exclusive and comprehensive program of workers’ compensation for government employees injured i…
- Spinelli, Gianpaola v. Goss, Porter, 446 F.3d 159 (D.C. Cir. 2006).publishedSee Elman v. United States, 173 F.3d 486, 490-92 (3d Cir.1999); Lance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995) (per curiam); Votteler v. United States, 904 F.2d 128, 130-31 (2d Cir.1990); Wilder v. United States, 873 F.2d 285, 2…
- Petersen v. United States Dep't of Labor, 101 F. App'x 714 (9th Cir. 2004).unpublishedLance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995) (per curiam).
- Wolff v. Hood, 242 F. Supp. 2d 811 (D. Or. 2002).publishedLance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995) (citing Woods v. United States, 720 F.2d 1451 , 1452 n. 1 (9th Cir.1983)).
- Hightower v. United States, 205 F. Supp. 2d 146 (S.D.N.Y. 2002).publishedFECA provides the exclusive remedy against the federal government for work-related injuries sustained by federal employees. 5 U.S.C. § 8116 (c); Votteler v. United States, 904 F.2d 128, 130 (2d Cir.1990). 2 See also Lance v. United States,…
- Charles M. Vander v. United States Dep't of Just. Fed. Bureau of Prisons, W. Reg'l Off. United States of Am., 268 F.3d 661 (9th Cir. 2001).publishedWe have interpreted that to mean that the Act “took away [employees’] right to sue the government in tort for medical malpractice arising out of the injury, as well as for the injury itself.” Lance v. United States, 70 F.3d 1093, 1095 (9th…
- Dubee v. Henderson, 56 F. Supp. 2d 430 (D. Vt. 1999).published(when Congress gave federal employees the right to recover for an injury under FECA, it took away their rights to sue the government in tort *433 . ,.)
- Dist. of Columbia v. Washington Hosp. Ctr., 722 A.2d 332 (D.C. 1998).published Lance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995); Cokas, supra, 252 F.Supp. at 565 (citing Balando v. United States, 267 F.2d 135, 137 (2d Cir.), cert. denied, 361 U.S. 875 , 80 S.Ct. 139 , 4 L.Ed.2d 114 (1959) (other citations om…
- Solobay v. Presidio Trust, No. 4:24-cv-04186 (N.D. Cal. Dec. 5, 2024).
- Ottie R. Noble v. United States, 216 F.3d 1229 (11th Cir. 2000).published
- Patricia Waddell v. United States, 89 F.3d 831 (4th Cir. 1996).unpublished
- Gary Williamson v. United States, 862 F.3d 577 (6th Cir. 2017).published
- Johnson v. Dir., Off. of Workers Comp. Programs, 19 F. App'x 616 (9th Cir. 2001).unpublished
- Mendia v. Garcia, 165 F. Supp. 3d 861 (N.D. Cal. 2016).published
- (PS) Manning v. United States, No. 2:19-cv-00494 (E.D. Cal. Sept. 20, 2019).
- (PS) Manning v. United States, No. 2:19-cv-00494 (E.D. Cal. Nov. 13, 2019).
- Dahlstrom v. Biden, No. 2:24-cv-00641 (W.D. Wash. Apr. 18, 2025).
- Plater v. United States, 359 F. Supp. 3d 930 (C.D. Cal. 2018).published
At page 1094 Determining proper defendant in federal tort claims7 citing casesThe United States is the only proper defendant in an FTCA action.
- Hines v. Mather V.A. Hosp., No. 5:21-cv-06564 (N.D. Cal. June 6, 2022).(The United States is the only proper defendant in an FTCA action.)
- Hawkins v. United States, No. 2:16-cv-00498 (W.D. Wash. Dec. 19, 2024).(Resp. at 3 10 (citing 28 U.S.C. § 2671 ) (defining “[e]mployees of the government” to include “officers 11 or employees of any federal agency” and “persons acting on behalf of a federal agency in 12 an official capacity”).) 13 The Governm…
- Sabelita Hawkins v. United States, 14 F.4th 1018 (9th Cir. 2021).published The panel held that Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995) (per curiam) (holding that “when Congress gave federal employees the right to recover for an injury under FECA, it took away their right to sue the government i…
- N.K. v. Air Force, No. 1:21-cv-00586 (E.D. Cal. July 29, 2021).(affirming dismissal of Doe defendants in FTCA 13 action)
- Hawkins v. United States, No. 2:16-cv-00498 (W.D. Wash. Sept. 30, 2019).(See 7/31/17 Order (Dkt. # 23) 21 at 1-2 n.1 (citing Lance v. United States, 70 F.3d 1093, 1094 (9th Cir. 1995); Kennedy v. United States Postal Serv., 145 F.3d 1077, 1078 (9th Cir. 1998); Heine v. Vilsack, No. 22 1:12-CV-01992-AWI-SMS, 20…
- Solobay v. Presidio Trust, No. 4:24-cv-04186 (N.D. Cal. Dec. 5, 2024).
- Solobay v. Presidio Trust, No. 4:24-cv-04186 (N.D. Cal. June 30, 2025).
v.
United States
Lance was a volunteer worker at a Veterans Administration hospital. He was injured at the hospital and received treatment for the injury there. He’s now suing the government under the Federal Tort Claims Act for medical malpractice based on the treatment.[*1095] As explained below, the Federal Employees Compensation Act preempts FTCA suits based on medical malpractice arising out of federal employees’ injuries at work. The district court therefore properly dismissed Lance’s FTCA suit.
FECA provides the exclusive remedy against the federal government for federal employees injured at work. 5 U.S.C. § 8116(c). Volunteer workers at Veteran’s Administration hospitals are “employees” for FECA purposes. 5 U.S.C. § 8101(1)(B); 38 U.S.C. § 513. FECA would therefore clearly bar an FTCA suit by Lance to recover for the injury he suffered at work. Although Lance isn’t suing for the injury he suffered at work, but for medical malpractice arising out of the injury, this is a distinction without a difference.
When it comes to federal employees, FECA benefits are the only “liability of the United States ... because o/the injury.” 5 U.S.C. § 8116(c) (emphasis added). As a matter of textual interpretation, there’s a strong argument that liability based on medical malpractice arising out of an injury is liability “because of the injury.” FECA’s rationale confirms this reading of the statute. Congress enacted FECA to give federal employees smaller but more certain and less costly recoveries in exchange for the right to sue the government in tort. See Lockheed Aircraft Corp. v. United States, 460 U.S. 190, 194, 103 S.Ct. 1033, 1036-37, 74 L.Ed.2d 911 (1983). Under traditional tort causation principles, a plaintiffs right to recover for an injury generally includes the right to recover for medical malpractice arising out of the injury. See Restatement (Second) of Torts § 457 (1965). Therefore, when Congress gave federal employees the right to recover for an injury under FECA, it took away their right to sue the government in tort for medical malpractice arising out of the injury, as well as for the injury itself. See, e.g., McCall v. United States, 901 F.2d 548, 550-51 (6th Cir.1990) (citing eases).
The district court also properly dismissed Lance’s action to the extent his complaint named Does 1 through 20 as additional defendants: The United States is the only proper defendant in an FTCA action. See Woods v. United States, 720 F.2d 1451, 1452 n. 1 (9th Cir.1983).
AFFIRMED.