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FTCA Violation – Prison-mailbox Rule

By: Derek Hawkins//February 10, 2020//

FTCA Violation – Prison-mailbox Rule

By: Derek Hawkins//February 10, 2020//

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7th Circuit Court of Appeals

Case Name: Thomas A. Censke v. United States of America

Case No.: 18-2695

Officials: WOOD, Chief Judge, and HAMILTON and SCUDDER, Circuit Judges.

Focus: FTCA Violation – Prison-mailbox Rule

Prisoners face unique challenges when submitting legal filings. Non-prisoners often have access to electronic filing methods and, if not, can take their filings to the post office. But prisoners must use the prison’s mail system, where security concerns often cause the system to operate more slowly than standard mail. For legal filings, timing can make all the difference, as it did for Thomas Censke.

Censke placed his administrative complaint under the Federal Tort Claims Act in the prison’s mailbox with nine days to spare, but the government stamped it as received after the statutory deadline had passed. The question is which date counts—when Censke put it in the mail or when it arrived. The district court held that Censke’s claim was not filed until received, so it was untimely. We reverse and hold that the prison-mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and so it is filed upon being placed in the prison’s mail.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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