Isaac Rogers, Jr. v. United States

This appeal presents the issue of whether the timely filing of an administrative claim is a jurisdictional prerequisite to suits under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), when an action is commenced in state court against a federal employee who was in the course of his employment, and removed by the United States, under 28 U.S.C. § 2679, to the district court.

Plaintiff, a postman, was injured when his car was struck by an automobile driven by another postman, Stennies. Plaintiff filed suit against Stennies in state court four days before the two-year Ohio statute of limitations…