(a) Claimant. You may file a claim if you are the injured person or the owner of the damaged or lost property. A person acting on your behalf as an agent, executor, administrator, parent, guardian, or other representative may file a claim for you if the person provides a written statement signed by you giving that person permission to act for you. A representative may also file a claim for wrongful death. If you hire a lawyer or authorize a representative to act on your behalf, the agency will correspond only with that representative, and will not continue to correspond with you.
(b) Claim form. You may obtain a form from staff in the Central Office, Regional Offices, Bureau institutions, or staff training centers.
(c) Presenting a claim. You may either mail or deliver the claim to the regional office in the region where the loss or injury occurred. If the loss or injury occurred in the Central Office, you may either mail or deliver the claim to the Office of General Counsel, Central Office. A list of addresses for all the Bureau institutions and offices can be found at www.bop.gov.
[65 FR 34364, May 26, 2000, as amended at 70 FR 67091, Nov. 4, 2005; 88 FR 76657, Nov. 7, 2023; 88 FR 87903, Dec. 20, 2023]
Notes of Decisions
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008).
· cites it 2× “Under 28 CFR § 543.31 (a) (2007), the "owner of the damaged or lost property" first must file an FTCA claim with the Bureau of Prisons (BOP) regional office; the BOP, in turn, is authorized by statute to settle administrative claims for not more than $1,000, see 31 U.”
Richard Sisk v. United States, 756 F.2d 497 (7th Cir. 1985).
· cites it 2× “32, Sisk properly submitted his claim to the North Central Regional Office of the federal Bureau of Prisons for investigation and claim determination.”
Nwaokocha v. Sadowski, 369 F. Supp. 2d 362 (E.D.N.Y 2005).
“”) (citing 28 C.F.R. §§ 543.31 , 543.32). 2. Certification The FTCA requires certification by the Attorney General before the United States can be substituted as the party defendant.”
Jed Lineberry v. Fed. Bureau of Prisons, 923 F. Supp. 2d 284 (D.D.C. 2013).
“And Plaintiff has acknowledged his failure to “request[ ] or attempt[ ] to file an administrative remedy for tort (for this claim),” id.”
Gary Zierke v. United States, 679 F. App'x 103 (3rd Cir. 2017).
“If the Regional Office denies the claim, the inmate may either ask for reconsideration or file suit in the appropriate United States District Court, "as not further administrative action is available,” PS 1320.”
Ewin Oscar Martinez v. Leroy Minnis, 257 F. App'x 261 (11th Cir. 2007).
“28 C.F.R. § 543.31 . Here, the district court did not have jurisdiction to consider Martinez’s FTCA claims.”
Mcfadden v. United States of Am. (E.D. Pa. 2021).
· cites it 3× “¶ 28 (stating tort claim must be filed pursuant to 28 C.F.R. § 543.31 and Program Statement 1320.”
Ngono v. Moshannon Valley Corr. Ctr. (W.D. Pa. 2021).
· cites it 2× “Regulation requires an administrative tort claim to be sent to the BOP regional office where the claim or injury occurred, 28 C.F.R. § 543.31 (c), however, Plaintiff incorrectly sent the second claim to the BOP’s Privatization Management Branch (PMB).”
Sexton v. United States (S.D.W. Va 2023).
· cites it 2× “” 28 C.F.R. § 543.31 (a) (emphasis added); see also Federal Bureau of Prisons Program Statement Number 1320.”
Cobb v. Captain Brown (S.D. Miss. 2024).
· cites it 2× “” 28 C.F.R. § 543.31 (b). The torts claim procedure requires Cobb to file his claim with the appropriate Regional BOP Office, not with the prison.”
Due v. Ahmed (S.D. Ill. 2021).
“” Part 543 exhaustion begins with filing an administrative tort claim with the BOP Regional Office of the region where the claim occurred, 28 C.F.R. § 543.31 (c), not the inmate’s institution of incarceration.”
Beard v. United States (S.D. Ill. 2021).
“28 C.F.R. § 543.31 (c). An administrative tort claim is not to be filed at the inmate’s institution of incarceration.”
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