Jeffrey Epstein Survivors’ $320 Million FBI Negligence Lawsuit Moves Closer to Surviving Dismissal

More than 30 Jeffrey Epstein survivors suing the federal government over the FBI’s alleged failure to act on years of warnings about the financier have cleared another hurdle, after a federal magistrate judge recommended denying the government’s latest attempt to dismiss their negligence claims.

U.S. Magistrate Judge Ryon M. McCabe issued a report Tuesday recommending that U.S. District Judge David S. Leibowitz allow the case to proceed for now and permit 90 days of limited discovery. The survivors are seeking $320 million in compensatory damages under the Federal Tort Claims Act.

Their fourth amended complaint accuses FBI employees of negligently handling reports about Epstein beginning as early as 1996 and failing to take steps that the survivors claim could have prevented further abuse.

Maria Farmer alleges she reported Epstein to an FBI agent in New York in 1996 and was told the bureau would handle the matter. She claims she did not contact other law enforcement agencies in reliance on that assurance. The complaint also challenges the FBI’s handling of a referral from Palm Beach police in 2006 and alleges agents failed to adequately respond to other warnings about Epstein.

Audra Christiansen similarly claims the FBI agreed to investigate after Playboy founder Hugh Hefner contacted agents on her behalf in 2005. She alleges agents did not interview her until 2020.

The lawsuit is brought under the Federal Tort Claims Act, or FTCA, which provides a limited path for seeking damages from the federal government for certain wrongful acts by federal employees. The United States generally has sovereign immunity from lawsuits unless Congress has authorized a particular type of claim. Under the FTCA, negligence claims must also identify a comparable duty that could apply to a private person under the law of the state where the alleged conduct occurred.

McCabe found the amended allegations sufficient at this stage under New York and Florida law. Both states recognize versions of the voluntary undertaking doctrine, which can create a duty of reasonable care when someone chooses to provide a service and another person relies on that undertaking or the conduct increases the risk of harm.

Farmer’s allegation that she relied on the FBI’s claimed promise to help is central to that theory. In Florida, the survivors also allege federal agents accepted the Palm Beach police referral and later sent letters indicating the Epstein investigation was continuing after prosecutors had already entered a non-prosecution agreement with him.

Florida law also recognizes a zone of risk doctrine, which can impose a duty of care when a person’s conduct creates or increases a foreseeable risk of harm to others. McCabe concluded the survivors had alleged enough for their Florida negligence theories to move beyond the dismissal stage.

The Justice Department argues the claims are barred by the FTCA’s discretionary function exception. The rule generally protects government decisions that involve judgment or policy choices, including many decisions about how federal agencies investigate cases and allocate resources.

The survivors contend that FBI manuals and policies required agents to take specific steps when handling reports involving child sexual abuse and related material. McCabe recommended limited discovery to determine what mandatory policies existed and what they required FBI personnel to do when assessing or handling the reports at issue. That discovery could affect whether the challenged conduct qualifies as protected discretion under the FTCA.

The government has also argued that the claims were filed too late. FTCA claims generally must first be presented to the appropriate federal agency within two years. The survivors did not submit their administrative claims until 2023 and later, but they argue the deadline should be extended under equitable tolling.

Equitable tolling can extend a filing deadline in limited circumstances when a person could not reasonably discover or pursue a claim earlier despite making reasonable efforts to protect their rights. The survivors allege important information connecting their injuries to the FBI’s conduct remained concealed for years. McCabe found those allegations sufficient to keep the timeliness issue in the case at this point.

Causation will present another question as the case moves forward. Negligence claims require a connection between the alleged breach of duty and the injuries for which damages are sought. McCabe said the issue is generally a factual one and should not be resolved at the dismissal stage based only on the allegations in the complaint.

McCabe recommended lifting the current stay and allowing 90 days of jurisdictional discovery into the FBI policies and whether three survivors satisfied the FTCA’s administrative claim requirements. The Justice Department would then be permitted to renew portions of its dismissal request. The parties have 14 days from service of the report to file objections before Leibowitz decides whether to adopt the recommendation.