Ortiz-Rivera v. United States

BARRON, Circuit Judge.

The District Court dismissed this Federal Tort Claims Act ("FTCA") suit for wrongful death on the ground that the plaintiffs had not first timely presented their claim to the appropriate federal agency. See 28 U.S.C. § 2401 (b). We vacate and remand.

I

The suit arises from the plaintiffs' allegation that federal agents or employees of *22 Immigration and Customs Enforcement ("ICE") within the United States Department of Homeland Security negligently shot their close relative, who the government concedes died as a result of his gunshot wounds. The appeal turns on the…