Abuse by a Federal Employee: How Claims Against the United States Work and the Two-Year Deadline

Reviewed by Abuse Justice Center · Updated 2026-10-28

When federal rules take over

Abuse can happen in settings run by the federal government: a federal detention facility, a military-run program, a federally operated health clinic, or a workplace where the offender was a federal employee. When the claim is against the United States for the conduct of its employees, the usual path is the Federal Tort Claims Act, a set of statutes in Title 28 of the U.S. Code.

The Act has procedural steps that do not exist in most state-law cases. Missing one can end a claim, which is why the timing rules deserve attention first.

Step one: an administrative claim, not a lawsuit

Under 28 U.S.C. 2675(a), a lawsuit against the United States for money damages for injury caused by a federal employee's negligent or wrongful act cannot begin until the claimant has presented the claim to the appropriate federal agency and the agency has finally denied it in writing, sent by certified or registered mail. If the agency does not make a final decision within six months after the claim is filed, the claimant may, at any time after that, treat the silence as a final denial.

The government's standard form for this is Standard Form 95, Claim for Damage, Injury, or Death, published by the General Services Administration. A claim can also be presented in other written forms, and the regulations at 28 CFR 14.2 govern what counts as presenting a claim.

The deadlines

28 U.S.C. 2401(b) sets two deadlines, and both are strict.

When a claim accrues is a legal question with its own case law, especially for abuse that a survivor did not recognize or disclose right away. An attorney should evaluate accrual before assuming a claim is too late or that there is time to spare.

• The written claim must be presented to the federal agency within two years after the claim accrues.
• If the agency denies it, the lawsuit must be filed within six months after the date the agency mails its notice of final denial.

The amount you claim matters

Section 2675(b) generally limits a later lawsuit to the amount stated in the administrative claim. A larger amount is allowed only if it is based on newly discovered evidence that was not reasonably discoverable when the claim was presented, or on proof of intervening facts relating to the amount. Choosing a sum certain on the SF-95 is a decision to make with counsel.

The assault and battery exception

28 U.S.C. 2680(h) excludes from the Act any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit or interference with contract rights. The same subsection has a proviso: for acts or omissions of investigative or law enforcement officers of the United States, the Act does apply to claims arising out of assault, battery, false imprisonment, false arrest, abuse of process or malicious prosecution.

Whether a sexual abuse claim can proceed against the United States, for example on a theory that the agency was negligent in supervision, depends on the facts and on how courts in the relevant circuit apply this exception. It is a contested area. Bring it to an attorney who handles federal claims as early as possible, because the two-year clock does not wait for the analysis.

What to gather now

Write down the agency, the facility or office, the dates, the names or positions of the people involved, and any reports you made. Keep medical and counseling records and any letters from the agency. If you are not sure whether the person was a federal employee or a contractor, note what you know; that distinction can change which rules apply.

Abuse Justice Center is an information resource, not a law firm, and nothing here is legal advice. A licensed attorney can review your situation, and you can ask any attorney how they charge before you agree to anything.

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