McNeil v. United States

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

United States v. Testan

Holding that Back Pay Act does not provide a remedy for misclassified federal employees

Department of Army v. Blue Fox, Inc.

Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

Lightfoot v. U.S.

Holding that mailing a FTCA claim does not satisfy the presentment requirement when the agency did not receive the claim

Williams v. East Orange Community Charter School

Holding that a claim under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., was not exhausted through administrative proceedings which only alleged discrimination on the basis of race, religion, and age

Wadhwa v. Nicholson

Holding an FTCA action filed after the plaintiffs submitted an administrative claim, but before they received a final denial of the claim, was properly dismissed for lack of subject matter jurisdiction

Walker v. United States

In Walker, the District of Delaware noted the type of equitable tolling Plaintiff seeks here, namely where a plaintiff files an FTCA suit too early before exhausting his administrative remedies.

Smith v. Riley

Lampon-Paz v. Dep't of Homeland Sec.

Affirming dismissal of complaint for lack of jurisdiction to the extent it could be construed as an appeal of a decision of the MSPB

Berenato v. U.S.

Explaining that "[t]o bring suit under the FTCA, a plaintiff must first have 'presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency"' and that "the Third Circuit courts have construed this administrative exhaustion provision as a nonwaivable jurisdictional requirement"

Section 1983 - Civil action for deprivation of rights

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Section 1981 - Equal rights under the law

Granting equal rights to "make and enforce contracts" without regard to race

Section 2675 - Disposition by federal agency as prerequisite; evidence

Setting forth FTCA's administrative exhaustion requirement

Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

Granting sixty days to appeal a decision of the MSPB

Section 8331 - Definitions

Defining "law enforcement officer" by reference to "offenses against the criminal laws of the United States"

Section 8347 - Administration; regulations

Authorizing appeals from final decisions concerning Civil Service Retirement System