B-157115, SEP. 8, 1966

B-157115, SEP. 8, 1966

TO MR. CECIL F. JOHNSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER RECEIVED IN THIS OFFICE AUGUST 15, 1966, DEMANDING "A SETTLEMENT" FOR THE LOSS OF YOUR LEG, PRESUMABLY WHILE YOU WERE SERVING IN THE ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT YOU WERE INDUCTED INTO THE ARMY ON SEPTEMBER 23, 1941, AND DISCHARGED FOR DISABILITY ON DECEMBER 11, 1942, AS THE RESULT OF INJURIES NOT INCURRED IN LINE OF DUTY. IT APPEARS THAT YOU WERE ABSENT WITHOUT LEAVE BEGINNING MARCH 21, 1942, AND THAT WHILE LOCAL POLICE WERE ATTEMPTING TO APPREHEND YOU ON BEHALF OF THE MILITARY AUTHORITIES YOU ESCAPED, DROVE OFF IN A STOLEN AUTOMOBILE, LOST CONTROL OF THE CAR AND SUSTAINED SERIOUS INJURIES RESULTING IN THE AMPUTATION OF ONE OF YOUR LEGS. YOU NOW CLAIM $30,000 FOR THE LOSS OF YOUR LEG APPARENTLY ON THE BASIS THAT THE AMPUTATION WAS UNNECESSARY AND UNAUTHORIZED BY YOU.

YOUR CLAIM FOR DAMAGES IS ONE SOUNDING IN TORT. GENERALLY, THE UNITED STATES IS NOT LIABLE FOR INJURIES TO AN INDIVIDUAL CAUSED BY TORTS OR NEGLIGENCE OF ITS OFFICERS OR EMPLOYEES OR BY ITS AUTHORIZED ACTIVITIES UNLESS IT CONSENTS TO SUCH LIABILITY. SUCH CONSENT HAS BEEN GIVEN IN REGARD TO CERTAIN TORT CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT OF 1946, 28 U.S.C. 2671-2680. THE ACT CONFERS ON THE HEAD OF EACH FEDERAL AGENCY AUTHORITY TO CONSIDER, ASCERTAIN, ADJUST, DETERMINE, AND SETTLE ANY CLAIM FOR MONEY DAMAGES OF $2,500 OR LESS AGAINST THE UNITED STATES ACCRUING ON OR AFTER JANUARY 1, 1945. (SEE 28 U.S.C. 2672.) ALSO JURISDICTION FOR CERTAIN CIVIL ACTIONS OR CLAIMS AGAINST THE UNITED STATES FOR MONEY DAMAGES IS VESTED IN THE UNITED STATES DISTRICT COURTS. (SEE 28 U.S.C. 1346/B).) THIS OFFICE HAS NO JURISDICTION TO SETTLE YOUR TORT CLAIM.