This toolkit was designed to assist attorneys working on Federal Tort Claims Act (FTCA) administrative complaints for their clients. The Asylum Seeker Advocacy Project (ASAP) prepared the below instructions, script, templates, and samples in partnership with other advocates. ASAP’s materials were created for our organization’s internal use, and we are sharing them in the hopes they will be useful to other advocates. There are several steps in the FTCA process, but these instructions focus on helping attorneys file the initial step called the administrative complaint. FTCA administrative complaints are submitted to the relevant federal government agencies using Standard Form 95 (SF-95). These documents are not intended for formal publication, are not meant to be exhaustive, and are not a substitute for independent legal advice in any case. You can download the full toolkit as a zip file or download the separate components below.
- 1 – ASAP one-pager in English: “How to Sue the United States Government: The Federal Tort Claims Act” (PDF)
- 2 – ASAP one-pager in Spanish: “Cómo Demandar al Gobierno Estadounidense: La Ley Federal de Reclamación de Agravios” (PDF)
- 3 – ASAP FTCA client script and instructions in English (Word)
- 4 – ASAP FTCA client script and instructions in Spanish (Word)
- 5 – ASAP FTCA retainer template in English and Spanish (Word)
- 6 – ASAP FTCA administrative complaint cover letter template (Word)
- 7 – ASAP FTCA authorization form template with certificate of interpretation (Word)
- 8 – ASAP Redacted FTCA administrative complaint for formerly separated family (PDF)
- 9 – ASAP Redacted FTCA administrative complaint for formerly separated family who were deported (PDF)
- 10 – ASAP Redacted FTCA administrative complaint for family that is still separated, mother was deported (PDF)
- 11 – ASAP Redacted FTCA administrative complaint for formerly separated family with additional medical issues and sexual assault of a minor (PDF)
- 12 – Lawyers Committee for Civil Rights Redacted FTCA administrative complaint for formerly separated family (PDF)
- 13 – SF-95 translated into Spanish (PDF) created by outside advocates (The SF-95 must be submitted in English and is available in English online here.)
- 14 – Guidance for attorneys filing the SF-95 for separated families (Word), created by outside advocates working on FTCA administrative complaints for families who were separated at the border.
For more information about a recent FTCA victory by ASAP’s client Suny Rodríguez Alvarado in Rodriguez Alvarado v. United States, including case documents, click here. If you are an advocate planning to file a damages lawsuit on behalf of an asylum seeker and would like to discuss this case further, please contact us at [email protected]