Hassay v. Department of the Army
Filing
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ORDER DISMISSING ACTION WITHOUT LEAVE TO AMEND. Signed by Judge Joseph C. Spero on October 10, 2017. (jcslc1S, COURT STAFF) (Filed on 10/10/2017) (Additional attachment(s) added on 10/10/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AARON MICHAEL HASSAY,
Case No. 17-cv-03556-JCS
Plaintiff,
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v.
ORDER DISMISSING COMPLAINT
WITHOUT LEAVE TO AMEND
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DEPARTMENT OF THE ARMY,
Defendant.
United States District Court
Northern District of California
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Mr. Hassay, who is proceeding in forma pauperis, asserts negligence claims against the
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Army under the Federal Tort Claims Act (FTCA) based on alleged errors in processing paperwork
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related to a determination that he was medically unqualified for service. According to Mr. Hassay,
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as a result of the error he lost certain disability benefits to which he would have been entitled. The
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Court reviewed Mr. Hassay’s complaint under 28 U.S.C. § 1915 and concluded that Mr. Hassay’s
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claims were barred under the Feres doctrine because the alleged wrongful conduct was “incident
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to service.” See Docket No. 9 at 7-8. The Court noted in a footnote, however, that under the
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Tucker Act, 28 U.S.C. § 1491(a), the United States has waived sovereign immunity in the Federal
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Court of Claims as to challenges to the military’s administration of the Disability Evaluation
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System under 10 U.S.C. § 1203. Id. at 8 n. 3. The Court explained that such claims are subject to
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a six year limitation period but that that period does not begin to run until the plaintiff becomes
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aware of the claim – a requirement that may be satisfied where the injury was “inherently
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unknowable.” Id. The Court did not reach the question of whether Mr. Hassay’s allegations are
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sufficient to state a claim under 10 U.S.C. § 1203 or whether such claims would be timely if filed
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in the Federal Court of Claims.
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The Court gave Mr. Hassay leave to amend his complaint and he filed an amended
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complaint on September 11, 2017. In his amended complaint, Mr. Hassay asserts that his injury
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was inherently unknowable because he was not educated about and had never heard of PTSD at
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the time of his injury. He further alleges that the Army’s negligent conduct was concealed from
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him and that he only learned about it when he filed a FOIA request in 2016. These allegations go
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to the question of when any claim he may have under the Tucker Act and 10 U.S.C. § 1203
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accrued and whether those claims are timely. Those are questions that can only be addressed in
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the United States Court of Federal Claims, however, and not by this Court. If Mr. Hassay wishes
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to file a complaint in that court, he will find information explaining how to file a complaint on that
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court’s website, www.uscfc.uscourts.gov, which includes a link to a manual for pro se plaintiffs
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United States District Court
Northern District of California
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(under the “Filing a Complaint” link) entitled A Guide for Self-Representation.
Because Mr. Hassay has not cured the shortcomings in his complaint identified by the
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Court in its prior order, this action is dismissed without prejudice. The Clerk is instructed to close
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the file in this case and enter judgment in favor of Defendant on the basis that this Court lacks
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jurisdiction over Mr. Hassay’s claims.
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IT IS SO ORDERED.
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Dated: October 10, 2017
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge
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