Justice Department tells court Jan. 6 class action lawsuit was filed after Federal Tort Claims Act deadline

The government argued that plaintiffs challenging alleged harms during the Jan. 6, 2021 Capitol breach missed a two-year window to sue under the Federal Tort Claims Act.

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The Department of Justice has asked a federal court to dismiss a class action lawsuit tied to the Jan. 6, 2021 attack on the U.S. Capitol, arguing the case was filed after the statute of limitations expired under the Federal Tort Claims Act, according to CBS News.

CBS News reported that the government’s position centers on timing. Under the Federal Tort Claims Act, CBS News said the plaintiffs had until Jan. 6, 2023 to sue the federal government, and that the lawsuit was filed more than two years after that date.

In its filing, the government argued the deadline is a strict requirement and that the plaintiffs’ claims cannot proceed if they were brought outside the limitations period, the CBS News report said. The request seeks dismissal of the action rather than amendment or continuation of the litigation.

The class action posture means the court would decide, among other threshold issues, whether the plaintiffs can proceed to the merits stage as a group, but the government contended the case fails on a procedural basis before those questions can be reached.

The Federal Tort Claims Act is the main legal route by which individuals may bring certain claims against the federal government for damages caused by acts of federal employees acting within the scope of their employment. A limitations deadline under the statute functions as an early gatekeeping mechanism, determining whether the court has authority to consider the claims that were filed after the cutoff date.

The DOJ motion was filed in the ongoing litigation related to events at the Capitol on Jan. 6, 2021, CBS News reported. If the court grants dismissal on limitations grounds, the lawsuit would end without a merits determination, and potential avenues for the plaintiffs would depend on whether any other claims, defendants, or timely filings remain available.

No official court order or Department of Justice statement was included in the provided materials, and Apex Times has not found independent primary documentation confirming the specific docket actions described by CBS News. A legal record review would be needed to confirm the court, case caption, filing date, and the exact arguments presented in the government’s submission.

Why It Matters

A statute-of-limitations dismissal under the Federal Tort Claims Act can end litigation without reaching disputed facts about conduct during Jan. 6.
The outcome affects whether plaintiffs may seek damages against the federal government through the FTCA route or whether they must rely on other, potentially narrower, legal theories.
Class action threshold rulings can determine whether other claims are litigated as a group or are blocked before certification and discovery.
The case underscores how procedural deadlines can shape exposure for the federal government in civil litigation arising from major public events.

Sources

Key Facts

CBS News reported that the Justice Department moved to dismiss a Jan. 6 class action lawsuit on Federal Tort Claims Act statute-of-limitations grounds.
CBS News said the government’s argument is that plaintiffs had until Jan. 6, 2023 to sue under the Federal Tort Claims Act.
CBS News reported that the lawsuit was filed more than two years after the stated Jan. 6, 2023 deadline.
The government’s motion seeks dismissal of the action rather than proceeding to the merits.
The materials provided did not include an official Department of Justice press release or a court order confirming the motion’s details beyond the CBS News account.