Legal Opinion

Dykes v. United States

District Court, D. South Dakota

Decided July 10, 1992No. Civ. 90-3032PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM ORDER

DONALD J. PORTER, Senior District Judge.

Defendant has filed a Motion to Dismiss for Failure to File an Administrative Tort Claim, requesting this Court to dismiss the above-entitled case for lack of subject matter jurisdiction. Defendant contends that Plaintiff, Naomi Dykes, Administratrix of the Estate of Ian Knife, has not filed an administrative claim as required by 28 U.S.C. § 2675. Plaintiff responds that although the person who originally filed the administrative tort claim was Naomi Dykes in her individual capacity, “there was substantial compliance with the…

2Cases cited8 opinions

  1. Gary L. Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  2. Mary E. Tucker v. United States Postal ServiceCourt of Appeals for the Third Circuit · 1982
  3. Willard D. Douglas and Violet A. Douglas v. United StatesCourt of Appeals for the Sixth Circuit · 1981
  4. Lunsford v. United StatesCourt of Appeals for the Eighth Circuit · 1977
  5. Jesse J. Avila, Guardian Ad Litem of Daniel Cardona v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hodder v. United StatesDistrict Court, E.D. New York · 2004
  2. Dawson Ex Rel. Estate of Dawson v. United StatesDistrict Court, D. South Carolina · 2004
  3. Ford v. United StatesDistrict Court, E.D. Arkansas · 2009

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