De Tineo v. United States

Affirmed. Plaintiffs Elizabeth Millares Guiraldes de Tineo (""Millares"") and her son Boris Baptista Millares (""Baptista"") appeal from a judgment of the United States District Court for the Southern District of New York, Sidney H. Stein, Judge, dismissing their complaint against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401(b), 2671-2680 (1994) (""FTCA"" or the ""Act""), for damages for false imprisonment in Chile as a result of allegedly false representations and negligent conduct of agents of the United States Drug Enforcement Administration (""DEA""). The district court granted summary judgment dismissing the complaint principally on the ground that there had been no actionable conduct by the DEA within the United States. On appeal, plaintiffs contend, inter alia, that the district court failed to draw all permissible factual inferences in their favor. We affirm on the ground that the district court lacked subject matter jurisdiction because plaintiffs failed to file timely administrative claims as required by the FTCA.