Can You Sue the Federal Government for Wrongful Death? Federal Tort Claims Act Rules, Deadlines and the Renee Good Case

Yes, but only in limited circumstances. The Federal Tort Claims Act (FTCA) lets families seek money from the United States when a federal employee’s negligent or wrongful act, committed within the scope of employment, causes a death. You generally must file an administrative claim with the responsible agency within two years, and many exceptions can block a claim.

The question is in the news because of the death of Renée Good, a 37-year-old mother of three, who was shot and killed on January 7, 2026 by ICE officer Jonathan Ross during an immigration enforcement operation in Minneapolis. Her family’s lawyers at Romanucci & Blandin have said they plan to pursue civil claims against ICE, the federal government and Ross, and have explained that cases against the federal government run through the FTCA and are decided by a judge rather than a jury. Federal officials have said Ross acted in self-defense, while the family disputes that account. Those claims have not been decided by any court.

Quick Facts: Federal Government Wrongful Death Claims Under the FTCA

Question	Answer
Main federal law	Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680
Can the federal government be sued for wrongful death?	Yes, in qualifying circumstances
Who is the defendant?	The United States, not the individual employee, for covered claims
Administrative claim first?	Yes, generally
Administrative deadline	2 years after the claim accrues (28 U.S.C. § 2401(b))
Agency review period	Up to 6 months (28 U.S.C. § 2675(a))
Lawsuit deadline after written denial	6 months after the agency mails the final denial
Standard Form 95 required?	No, but DOJ calls it a convenient format
Dollar amount required?	Yes, a “sum certain”
Punitive damages against the U.S.?	No (28 U.S.C. § 2674)
Jury trial?	Generally no; a judge decides (28 U.S.C. § 2402)
Which state’s law applies?	Generally the law of the place where the act or omission occurred
Military service members	The Feres doctrine may bar the claim
Public claim form or class action?	No; each claim is individual

What Is the Federal Tort Claims Act and Why Does It Matter for Wrongful Death?

The government cannot normally be sued without its consent, a doctrine called sovereign immunity. The FTCA is Congress’s limited waiver. Under 28 U.S.C. § 1346(b), federal district courts can hear claims for injury or death caused by a federal employee’s negligent or wrongful act or omission within the scope of employment, when the United States would be liable as a private person under the law of the place where it happened.

A death involving a federal employee does not automatically create liability. The family must still prove the elements of the underlying tort under that state’s law, and the claim must clear the FTCA’s procedural rules and exceptions.

Who Is the Defendant in an FTCA Wrongful Death Claim?

For a covered claim, the defendant is generally the United States. Under 28 U.S.C. § 2679, the FTCA remedy is generally exclusive of money-damages claims against the individual employee for the same conduct, and suing an agency such as the VA or ICE in its own name is not the proper route. Claims based on the Constitution or a federal statute against individual officers are legally distinct and can be hard to bring, because courts have sharply limited when they allow them.

How Does the Two-Year FTCA Deadline Work for Wrongful Death Claims?

Two different six-month and two-year rules are easy to confuse:

• Two years: under 28 U.S.C. § 2401(b), a claim is generally barred unless presented in writing to the proper federal agency within two years after it accrues.
• Six months for the agency: under § 2675(a), the agency has six months to make a final decision. If it does not, the claimant may treat the claim as denied and go to court.
• Six months to sue: after a written final denial, the lawsuit generally must be filed within six months of the date the agency mails it.

Missing these deadlines can permanently end a claim.

Related article: Maple Valley Mutual Insurance Must Cover Tony Haase in $17 Million Tanna Togstad Wrongful Death Lawsuit, Judge Rules

What Is Standard Form 95 and What Does “Sum Certain” Mean?

Standard Form 95 (SF-95) is the federal government’s standard claim form. The Department of Justice says it is not legally required, but it is a convenient way to present a claim. What is required is a valid written claim with a sum certain, a specific dollar amount of damages. Under § 2675(b), a lawsuit generally cannot seek more than the amount presented to the agency, unless based on newly discovered evidence or intervening facts about the amount of damages.

What Damages Can Families Recover From the Federal Government After a Death?

Damages follow the applicable state’s wrongful-death and survival law, so they differ by state. Categories can include funeral and burial costs, final medical expenses, lost financial support and services, and other losses that state law allows. Under 28 U.S.C. § 2674, the United States is not liable for punitive damages or prejudgment interest under the FTCA.

Can You Get a Jury Trial When Suing the United States Under the FTCA?

Generally no. Under 28 U.S.C. § 2402, FTCA actions are tried by a judge without a jury. Claims against individual officers under other legal theories may allow a jury, which is one reason families sometimes file separate lawsuits.

What Are the Biggest Exceptions to FTCA Liability in 28 U.S.C. § 2680?

Section 2680 lists categories the FTCA does not cover. The ones that most often decide wrongful-death cases are:

• Discretionary-function exception (§ 2680(a)): excludes claims based on discretionary government choices, even if the discretion was abused. It often applies to policy, resource and enforcement decisions.
• Intentional-tort exception (§ 2680(h)): excludes claims such as assault, battery and false imprisonment, with an exception for acts of federal investigative or law-enforcement officers (the law-enforcement proviso).
• Other exclusions: including combatant activities, claims arising in foreign countries and certain postal and fiscal matters.

Can Families Sue Over Deaths Caused by Federal Law Enforcement, Including ICE Agents?

Sometimes. The law-enforcement proviso lets certain intentional-tort claims proceed against the United States when federal investigative or law-enforcement officers are involved. That does not guarantee a claim will succeed, because other exceptions still apply.

In Martin v. United States (decided June 12, 2025), the Supreme Court held that the law-enforcement proviso does not automatically override the discretionary-function exception, and it rejected a Supremacy Clause defense the government raised. The Court sent the case back for further proceedings rather than ruling that every federal law-enforcement claim can proceed. For related background, see Can You Sue ICE For Wrongful Arrest? Legal Grounds And Realistic Outcomes.

Can Families Sue After Deaths at VA Hospitals, Federal Prisons or Involving Federal Vehicles?

Potentially. Medical negligence at VA facilities, negligent care in federal prisons and crashes involving federal employees acting within the scope of employment can fall under the FTCA. Each still requires proof of negligence under state law, timely administrative filing and no applicable exception. A bad outcome alone does not prove malpractice.

What If a Private Contractor or Military Service Is Involved?

• Contractors: the FTCA covers federal employees, not every company working for the government. If the responsible party was an independent contractor, a different claim may apply.
• Military: under the Feres doctrine (Feres v. United States, 1950), claims for injuries to active-duty service members that arise from activity incident to military service are generally barred. Civilians and some other cases raise different questions.

How Do You File a Federal Wrongful Death Claim Step by Step?

1. Identify the agency and employee. Confirm the person was a federal employee and which agency employed them.
2. Identify the governing state law. It is generally the law of the place where the act or omission occurred.
3. Calendar the two-year deadline from accrual.
4. Prepare the claim. Use SF-95 or another written claim stating the facts, the death and a sum certain.
5. Send it to the correct agency. Sending it to the wrong one can cause serious problems.
6. Wait up to six months, or until a written denial.
7. Watch the six-month lawsuit deadline after any written denial.
8. File in federal district court against the United States if appropriate, in the district where the plaintiff lives or where the act occurred.

What Evidence Should Families Preserve After a Death Involving a Federal Employee?

Keep medical and autopsy records, the death certificate, police and agency incident reports, witness names, photos and video, communications with agencies, and records of the deceased person’s employment or military status. In the Renée Good matter, her lawyers have said they sent the federal government a preservation letter and have complained that agencies were not responding to requests for evidence, which shows why early preservation requests matter.

FTCA Wrongful Death Claim vs. Private Wrongful Death Lawsuit

Issue	Private defendant	United States under the FTCA
Sovereign immunity	Not an issue	Major threshold issue
Administrative claim first	Usually not	Generally required
Deadline	State law	2 years to present claim (§ 2401(b))
Defendant	Person or company	The United States
Punitive damages	Possible under some state laws	Not available (§ 2674)
Jury	Depends	Generally none (§ 2402)
Exceptions	Depends	Extensive (§ 2680)

Is There a Federal Wrongful Death Claim Form or Class Action Anyone Can Join?

No. An FTCA claim is an individual administrative claim based on one incident. SF-95 is not a class settlement form, and finding a lawsuit online does not mean you can join it and receive money.

Frequently Asked Questions About Suing the Federal Government for Wrongful Death

Can you sue the federal government for wrongful death?

Yes, under the Federal Tort Claims Act, when a federal employee acting within the scope of employment caused the death through a negligent or wrongful act, subject to the FTCA’s exceptions and procedures.

How long do you have to file an FTCA wrongful death claim?

Two years to present a written administrative claim, and generally six months to sue after a written final denial.

Do you have to file an administrative claim before suing the United States?

Yes, generally. Under 28 U.S.C. § 2675, the claim must be presented and denied first, or deemed denied after six months of agency inaction.

Is Standard Form 95 mandatory?

No, but the claim must include a sum certain and the required information.

Can you get punitive damages or a jury trial against the federal government?

Generally no to both under 28 U.S.C. §§ 2674 and 2402.

Can you sue ICE over a death caused by an agent?

Potentially, depending on the facts and legal theory. The FTCA claim is generally against the United States, and exceptions can apply. Constitutional claims against individual officers are separate and harder to bring.

Did Martin v. United States make it easier to sue federal law enforcement?

It clarified that the law-enforcement proviso does not override the discretionary-function exception and that the Supremacy Clause defense failed in that case. It did not allow every claim.

What happens if the agency denies the claim or never answers?

After a written denial, sue within six months. After six months without a decision, the claimant may treat the claim as denied and sue, if other requirements are met.

Where is an FTCA lawsuit filed?

In federal district court where the plaintiff resides or where the act or omission occurred.

Are there lawsuits families can join for a federal wrongful death settlement?

No. Each claim is individual.

Disclaimer: This article is general legal information, not legal advice. FTCA deadlines and exceptions are strict and fact-specific. Consult a qualified attorney experienced in federal tort claims about your situation.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against 28 U.S.C. §§ 1346(b), 2401(b), 2402, 2674, 2675, 2679 and 2680, the Supreme Court’s opinion in Martin v. United States (June 12, 2025), U.S. Department of Justice Civil Division guidance on SF-95, and CPR News and UPI reporting on the Renée Good matter, as of October 3, 2026. Last Updated: October 3, 2026.