Thomas F. Hatchell v. United States of America, the United States Department of Justice, Bureau of Prisons

Appellant Thomas Hatchell filed a tort claim against the United States for injuries from lung disease, allegedly caused by unsanitary conditions at Levenworth Penitentiary where he had been in custody. His administrative claim was filed on October 23,1980 with the Bureau of Prisons, United States Department of Justice. The government contends that it mailed notice of final denial of the claim on January 14, 1981, and that the tort action commenced by Hatchell on July 17, 1981 is three days beyond the relevant statute of limitations. That statute requires filing “within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.” 28 U.S.C. § 2401 (b) (1982). Hatchell’s principal contention is that the letter by its terms was not a final denial of the claim and did not, as a result, cause the period of limitations to commence. The district court ruled in favor of the government, and we affirm.

Appellant contends that the letter of January 14 did not state with sufficient clarity that it was a notice of final denial of the administrative claim. He is wrong. The letter, addressed to Hatchell’s…