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Flores v. U.S.

Continuing Violation Doctrine, Tolling Do Not Save Immigrant's Untimely Claims Under FTCA

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*1 Plaintiffs Eduardo and Patricia Flores (husband and wife) appeal from the decision of the United States District Court for the Eastern District of New York (Wexler, J.) awarding summary judgment to the Government dismissing the Floreses’ claims brought under the Federal Tort Claims Act (“FTCA”). The district court concluded that the FTCA’s twoyear statute of limitations barred Mr. Flores’ claims, that his claims were not saved by the continuing violation*2

doctrine or equitable tolling, and that Mrs. Flores had failed to exhaust her administrative remedies. We find no error and AFFIRM the judgment of the district court.PER CURIAM:This appeal calls on us principally to decide whether claims brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C.§§1346(b), 26712680, were timely filed in federal district court. We conclude that the district court committed no error in finding that the claims were filed outside of the statute’s twoyear statute of limitations and were not saved by the continuing violation doctrine or equitable tolling. We accordingly AFFIRM the judgment below.PlaintiffAppellant Eduardo Flores, a native of Ecuador, legally entered the United States in 1978 but overstayed his visa. He subsequently applied for legal permanent resident (“LPR”) status, which the Immigration and Naturalization

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