Suing a federal agency is not like pursuing a typical civil lawsuit. It involves a unique and sometimes complex process governed by specific federal statutes, procedures and limitations. Individuals or businesses having a claim against a federal agency must navigate strict rules that differ significantly from common law civil litigation against private parties or even state entities.
The federal government is generally immune from lawsuits unless it has expressly waived that immunity by law or regulation. The most common path to filing a lawsuit against a federal agency is through the Federal Tort Claims Act (FTCA), which allows individuals to pursue claims for damages caused by the negligent or wrongful acts of federal employees acting within the scope of their employment. However, the FTCA only applies to certain types of claims, and many exceptions can bar recovery.
Before filing a lawsuit under the FTCA, claimants must first file an administrative claim directly with the agency involved. This step is mandatory and must be done reasonably quickly after the incident. The agency then has a relatively short period to respond. Only if the agency denies the claim or fails to act within that time can the claimant proceed to file suit in federal court.
Beyond tort claims, individuals may also bring actions under the Administrative Procedure Act (APA) to challenge a federal agency’s actions as arbitrary, capricious or not according to the law. These cases generally do not seek monetary damages but instead aim to set aside or modify agency decisions. APA cases must also meet stringent procedural and jurisdictional requirements, including demonstrating that the agency action is “final” and that the person bringing the claim has suffered an injury for which the law allows redress.
When seeking justice is necessary
Litigation against a federal agency demands careful preparation, a strong legal strategy and thorough knowledge of the facts and the applicable law. It often involves significant documentation, strict filing deadlines and heightened scrutiny by the courts. As a result, not just “any old” representation will do.
For those considering a claim against a federal agency, working with an attorney experienced in civil litigation and federal claims is generally prudent. These cases can be successful but require a clear understanding of federal law and procedure, and a thoughtful approach to meeting the government’s many opportunities to defend. In many cases, with knowledgeable legal guidance, individuals and businesses can protect their rights even when the defendant is the federal government.