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McNEIL v. UNITED STATES

No. 92-6033.

508 U.S. 106 (1993)

113 S.Ct. 1980

124 L.Ed.2d 21

McNEIL v. UNITED STATES

Supreme Court of United States.

Decided May 17, 1993.

Attorney(s) appearing for the Case

Allen E. Shoenberger, by appointment of the Court, 507 U.S. 906, argued the cause and filed briefs for petitioner.

William K. Kelley argued the cause for the United States. With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Mahoney, Mark B. Stern, and Henry D. Gabriel.*

Stevens, J., delivered the opinion for a unanimous Court.

Justice Stevens, delivered the opinion of the Court.

The Federal Tort Claims Act (FTCA) provides that an "action shall not be instituted upon a claim against the United States for money damages" unless the claimant has first exhausted his administrative remedies.1 The question presented is whether such an action may be maintained when the claimant failed to exhaust his administrative remedies prior to filing suit, but did so before substantial...

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