McNeil v. United States, 508 U.S. 106, 2 (1993)

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Cite as: 508 U. S. 106 (1993)

Opinion of the Court

Allen E. Shoenberger, by appointment of the Court, 507 U. S. 906, argued the cause and filed briefs for petitioner. William K. Kelley argued the cause for the United States.

With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Mahoney, Mark B. Stern, and Henry D. Gabriel.*

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.

I

On March 6, 1989, petitioner, proceeding without counsel, lodged a complaint in the United States District Court for the Northern District of Illinois, alleging that the United States Public Health Service had caused him serious injuries while "conducting human research and experimentation on prisoners" in the custody of the Illinois Department of Cor-*Joseph A. Power, Jr., and Arthur H. Bryant filed a brief for Trial Lawyers for Public Justice, P. C., as amicus curiae urging reversal.

1 Title 28 U. S. C. § 2675(a) provides, in pertinent part: "An action shall not be instituted upon a claim against the United States for money damages 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 within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section."

107

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