Adams v. U.S., No. 79-1008

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore CHARLES CLARK, VANCE and SAM D. JOHNSON; PER CURIAM
Citation622 F.2d 197
PartiesGary L. ADAMS et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.
Docket NumberNo. 79-1008
Decision Date03 July 1980

Page 197

622 F.2d 197
Gary L. ADAMS et al., Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant-Appellee.
No. 79-1008.
United States Court of Appeals, Fifth Circuit.
July 3, 1980.

Appeal from the United States District Court for the Northern District of Florida.

Louis K. Rosenbloum, Pensacola, Fla., for appellant.

Thomas G. Banjanin, Asst. U.S. Atty., Pensacola, Fla., William Kanter, Michael Jay Singer, Civil Div., Dept. of Justice, Washington, D.C., for appellee.

ON PETITION FOR REHEARING

[Opinion April 9, 1980, 615 F.2d 284 (5th Cir. 1980)]

Before CHARLES CLARK, VANCE and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

This case is before us again on the appellee's petition for rehearing. We write only to clarify one part of our prior opinion. See Adams v. United States, 615 F.2d 284 (5th Cir. 1980). In all other respects, the petition for rehearing is denied.

The present appeal does not present a case in which the notice of claim presented by the claimant in an executed standard form 95 was inadequate in content or detail. See id. at 289-90. We deal instead with another problem. We hold that the agency lacks the power to require that the claimant supplement a notice of claim, that contained 'enough details [about the underlying incident from which the complaint arose] to enable the agency to begin its own investigation.' Id. at 292. We reject the first circuit's opinion in Swift v. United States, 614 F.2d 812 (1st Cir. 1980), to the extent that it conflicts with such holding. We have not, however, intimated an opinion as to the effect, if any, a claimant's refusal to comply with an agency's reasonable request for supplemental information to clarify an inadequate claim would have on the issue of jurisdiction in a subsequent action for damages brought pursuant to the Federal Tort Claims Act.

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67 practice notes
  • Richland-Lexington Airport v. Atlas Properties, Civ. A. No. 3:92-750-21.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 3 Marzo 1994
    ...a claimant of federal court jurisdiction over his or her claim." Adams v. United States, 615 F.2d 284, 290 (5th Cir. 1980), clarified by 622 F.2d 197 (5th Cir. 1980). The sufficiency of the notice requirement under § 2675(a) "is more than a question of technical niceties." Keene Corp., 700 ......
  • Pagel v. U.S., No. C-97-20091 EAI.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 19 Diciembre 1997
    ...followed the landmark decision of the Fifth Circuit Court of Appeals in Adams v.. United States, 615 F.2d 284 (5th Cir.), on rehearing, 622 F.2d 197 (5th Cir.1980).10 In Adams, Page 1323 plaintiffs filed a claim with the U.S. Air Force asserting that the negligence of doctors at Eglin Air F......
  • Johnson by Johnson v. U.S., No. 939
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 8 Abril 1986
    ...Cir.1983); Douglas v. United States, 658 F.2d 445, 447 (6th Cir.1981); Adams v. United States, 615 F.2d 284, 289 (5th Cir.), clarified, 622 F.2d 197 Thus, an administrative claim need not meet formal pleading requirements. All that is necessary is that a claim be specific enough to serve th......
  • Warren v. U.S. Dept. of Interior Bureau of Land Management, I-X
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 24 Enero 1984
    ...prerequisites under section 2675(a). 5 Accord, Avery, 680 F.2d at 611; Adams v. United States, 615 F.2d 284, 289-90, amended, 622 F.2d 197 (5th Cir.1980). Section 2672 states, inter The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney Ge......
  • Request a trial to view additional results
67 cases
  • Richland-Lexington Airport v. Atlas Properties, Civ. A. No. 3:92-750-21.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 3 Marzo 1994
    ...of federal court jurisdiction over his or her claim." Adams v. United States, 615 F.2d 284, 290 (5th Cir. 1980), clarified by 622 F.2d 197 (5th Cir. 1980). The sufficiency of the notice requirement under § 2675(a) "is more than a question of technical niceties." Keene Corp., ......
  • Pagel v. U.S., No. C-97-20091 EAI.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 19 Diciembre 1997
    ...followed the landmark decision of the Fifth Circuit Court of Appeals in Adams v.. United States, 615 F.2d 284 (5th Cir.), on rehearing, 622 F.2d 197 (5th Cir.1980).10 In Adams, Page 1323 plaintiffs filed a claim with the U.S. Air Force asserting that the negligence of doctors at Eglin Air F......
  • Johnson by Johnson v. U.S., No. 939
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 8 Abril 1986
    ...Cir.1983); Douglas v. United States, 658 F.2d 445, 447 (6th Cir.1981); Adams v. United States, 615 F.2d 284, 289 (5th Cir.), clarified, 622 F.2d 197 Thus, an administrative claim need not meet formal pleading requirements. All that is necessary is that a claim be specific enough to serve th......
  • Warren v. U.S. Dept. of Interior Bureau of Land Management, I-X
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 24 Enero 1984
    ...prerequisites under section 2675(a). 5 Accord, Avery, 680 F.2d at 611; Adams v. United States, 615 F.2d 284, 289-90, amended, 622 F.2d 197 (5th Cir.1980). Section 2672 states, inter The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney Ge......
  • Request a trial to view additional results

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