Censke v. U.S.

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 18-2695
Decision Date: 
January 17, 2020
Federal District: 
S.D. Ind., Indianapolis
Holding: 
Reversed and remanded

Dist. Ct. erred in dismissing as untimely plaintiff-prisoner’s administrative complaint under Federal Tort Claims Act (FTCA), where plaintiff placed complaint in prison’s mailbox nine days prior to deadline, and where govt. received complaint after statutory deadline had passed. Prison-mailbox rule applied to instant FTCA complaint so as to render it timely when plaintiff placed complaint in prison mailbox.