Ghaisar v. United States

In this wrongful-death and personal-injury suit, the parents of a man shot and killed by police failed to exhaust their administrative remedies, so their action must be dismissed.

The man’s parents submitted an administrative claim to the Department of Interior for alleged torts committed by U.S. park police in the course of the man’s death. But at the time, the parents hadn’t been appointed representatives of the man’s estate by a Virginia circuit court, as required by state law. Thus, they lacked legal authority to present the claim. While they claim certain of their claims were made on their own behalf, this was not clear in the administrative process.

Motion to dismiss granted.

Ghaisar v. United States, No. 1:18cv1296, Jan. 30, 2019. EDVA at Alexandria (Hilton).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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