Legal Question in Civil Litigation in Maryland

Trespass by US Census Employee

What potential civil recovery exists against any party in this scenario: a US Census employee entered my house uninvited; He terrified my wife (in shower at the time) by refusing her repeated demands to leave; we completed a police report.

I can show damages; I'm also aware that the US Govt is sometimes considered a "soverign"; I need the theory.

Asked on 1/19/99, 11:00 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Trespass by US Census Employee

You have a right to sue the federal government for the wrongful acts of its employees under the Federal Tort Claims Act. However, before such a suit can be brought, you must first file an administration claim with the Justice Dept within 180 days of the incident. You have to give the govt time to accept or deny your claim, but in any event suit must be filed within 2 years. The case is heard in a federal court by a judge rather than a jury. These cases can be complicated and you should seek the services of a personal injury attorney to represent you.

Robert Sher

Wagshal and Sher

5530 Wisconsin Ave-Suite 1200

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Answered on 1/28/99, 4:19 pm

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