Pursuant to the FTCA, “the United States is liable, as a private person, for ‘injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting under the scope of his office or employment.'” Garza-Ovalle v. Armstrong, No. CV ELH-19-895, 2020 WL 230896, at *11 (D. Md. Jan. 15, 2020) (citing 28 U.S.C. § 1346(b)); see also 28 U.S.C. § 2674. The Federal Employees Liability Reform and Tort Compensation Act of 1988, which amended the FTCA and is commonly known as the (“Westfall Act”), “accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties.”
The claim-filing requirement may not be waived. See Plyler v. United States, 900 F.2d 41, 42 (4th Cir. 1990); see also Garza-Ovalle v. Armstrong, Civil Action No. ELH-19-895, 2020 WL 230896. *12 (D. Md. Jan. 15, 2020) ("That the claim must be presented to the appropriate agency is 'jurisdictional and may not be waived.'") (quoting Henderson v. United States, 785 F.2d 121, 123 (4th Cir. 1986)); Lamerique v. United States, Case No. 3:18-cv-00532, 2019 WL 2932673, *10 (S.D.W. Va. June 14, 2019) ("The requirement of filing an administrative complaint is jurisdictional and cannot be waived."); Baynes v. United States, 1:15-CV-1604 (LMB/TCB), 2016 WL 4492807, *8 (E.D. Va. Aug. 25, 2016) ("This jurisdictional requirement may not be waived.") (citing Kokotis v. U.S. Postal Serv., 223 F.3d 275, 278 (4th Cir. 2000)). "Litigants must strictly comply with the requirements of the FTCA before this Court obtains jurisdiction to consider such claim."