West v. Federal Aviation Administration, 830 F.2d 1044, 1046 (9th Cir 1987). The FTCA waives the United States' sovereign immunity for certain tort claims caused by the negligence or wrongful acts or omissions of United States employees while acting within the scope of their office or employment. Smith v. United States, 507 U.S. 197, 201 (1993); Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir 1995); 28 U.S.C. § 1346(b)(1). With respect to FTCA claims, the Supreme Court has noted that "in the long run, experience teaches us that strict adherence to the procedural requirements specified by the legislature is the best guarantee of evenhanded administration of the law."
"The Federal Tort Claims Act waives the United States' sovereign immunity for actions in tort," permitting claimants to sue the government in district court. See 28 U.S.C. § 2675(a); Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995). But, importantly, the FTCA sets up an administrative process that a claimant must adhere to before a district court may hear the claim.
McNeil v. United States, 508 U.S. 106, 113 (1993) (“FTCA bars claimants from bringing suit in federal court until they have exhausted their administrative remedies.”); see also Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995) (stating that the FTCA “administrative claim prerequisite is jurisdictional”). The FTCA establishes that a tort claim against the United States is barred if not presented to the appropriate federal agency within two years of accrual or brought in within six months of from a final written denial by the federal agency.
The FTCA waives the United States’ sovereign immunity for tort actions and allows plaintiffs to sue in district court if they "first give the appropriate federal agency the opportunity to resolve the claim." Cadwalder v. United States , 45 F.3d 297, 300 (9th Cir. 1995) (citing 28 U.S.C. § 2675(a) ). "This administrative claim prerequisite is jurisdictional." Id. (citing Jerves v. United States , 966 F.2d 517, 518 (9th Cir. 1992) ).
Since the presentation of an administrative claim is jurisdictional, it is plaintiffs' burden to establish that they met the administrative claim requirement of the FTCA. See Cadwalder v. U.S., 45 F.3d 297, 300–01 (9th Cir.1995). The FTCA waives the government's immunity for tort claims only if the plaintiff has first “presented” the claim to the appropriate federal agency and been turned down. 28 U.S.C. § 2675(a).
Specifically, "[s]ection 2675(a) requires the claimant or his legal representative to file (1) a written statement sufficiently describing the injury to enable the agency to begin its own investigation, and (2) a sum certain damages claim." Cadwalder v. United States, 45 F.3d 297, 301 (9th Cir. 1995). This exhaustion requirement serves the important objective of encouraging the "administrative settlement of claims against the United States and thereby to prevent an unnecessary burdening of the courts."
“The requirement of an administrative claim is jurisdictional.” Brady v. United States, 211 F.3d 499, 502 (9th Cir.2000) (citing Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir.1995)). “Because the requirement is jurisdictional, it ‘must be strictly adhered to.
Any such waiver must be strictly construed in favor of the United States. Section 2675(a) establishes explicit prerequisites to the filing of suit against the Government in district court. It admits of no exceptions. Given the clarity of the statutory language, we cannot enlarge that consent to be sued which the Government, through Congress, has undertaken so carefully to limit.Jerves v. United States, 966 F.2d 517, 521 (9th Cir. 1992) (internal quotations and citations omitted); see also Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995). We are not allowed to proceed in the absence of fulfillment of the conditions merely because dismissal would visit a harsh result upon the plaintiff.
In the Ninth Circuit, “[t]he requirement of an administrative claim is jurisdictional.” Brady v. United States, 211 F.3d 499, 502 (9th Cir. 2000) (citing Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995)). “Because the requirement is jurisdictional, it ‘must be strictly adhered to.
“The Federal Tort Claims Act waives the United States' sovereign immunity for actions in tort.” Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995) (citing Jerves v. United States, 966 F.2d 517, 518 (9th Cir. 1992)). “The Act allows claimants to sue the government in district court provided that they first give the appropriate federal agency the opportunity to resolve the claim.