McNeil v. United States
- Decided
- May 17, 1993
- Docket
- 92-6033
- Status
- Published
- Jurisdiction
- Federal
Cited 4,367 timesNo negative treatment found in this library
What later courts said
- holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed — United States ex rel. Wood v. Allergan, Inc. (2018)
- holding that pro se litigants must still comply with procedural rules applicable to ordinary civil litigation — Lurene Leatherwood v. Anna's Linens Company (2010)
- holding that “the FTCA bars claimants from bringing suit in federal court until they have exhausted their administrative remedies” — Indelicato v. Suarez (2002)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Stevens delivered the opinion of the Court.
The Federal Tort Claims Act (FTCA) provides that an “action shall not be instituted upon a claim against the United States for money damages” unless the claimant has first exhausted his administrative remedies. [1]
The question presented is whether such an action may be maintained when the claimant failed to exhaust his administrative remedies prior to filing suit, but did so before substantial progress was made in the litigation.
Statutes cited
Cite this
McNeil v. United States, 508 U.S. 106 (1993)Read the full opinion
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