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Cooper v. Martin

United States District Court, M.D. Louisiana

May 14, 2015

DARNELL COOPER,
v.
SABRINA MARTIN, ET AL

RULING AND ORDER

BRIAN A. JACKSON, Chief District Judge.

Before the Court is the unopposed Motion to Dismiss Sabrina G. Martin (Doc. 5) filed by Defendant United States of America. All claims by Plaintiff Darnell Cooper arise under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq. ("FTCA" or the "Act"). (Doc. 1 at ¶¶ 2, 4). The United States seeks to dismiss Sabrina G. Martin, another named defendant, for lack of jurisdiction.[1]

A suit against the United States under the FTCA is the exclusive remedy for tort claims arising from the actions of government agencies or employees. See 28 U.S.C. § 2679. The United States, not the responsible agency or employee, is the proper party defendant in an FTCA suit. In a section entitled "United States as defendant, " the Act vests the district courts with "exclusive jurisdiction of civil actions on claims against the United States for money damages... for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment." 28 U.S.C. § 1346(b).

"[T]he courts have consistently held that an agency or government employee cannot be sued eo nomine under the Federal Tort Claims Act." Galvin v. OSHA, 860 F.2d 181, 183 (5th Cir. 1988). Hence, the United States is the only proper defendant in an FTCA suit, and all other defendants must be dismissed for lack of subject matter jurisdiction. See Atorie Air, Inc. v. FAA of U.S. Dep't of Transp., 942 F.2d 954, 957 (5th Cir. 1991).

Accordingly,

IT IS ORDERED that Defendant Sabrina G. Martin is DISMISSED from the above-captioned matter for lack of jurisdiction.


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