GOINS v. UNITED STATES OF AMERICA

Filing 4

ORDER granting (3) Motion to Dismiss all claims for Lack of Jurisdiction in case 4:16-cv-00363-CDL; granting (3) Motion to Dismiss Plaintiff's claims against the United States for Lack of Jurisdiction in case 4:16-cv-00364-CDL. Plaintiff's claims against Jerome Brooks in 4:16-cv-00364-CDL shall be remanded to the Municipal Court of Columbus, Georgia. Ordered by US DISTRICT JUDGE CLAY D LAND on 12/20/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DANIELLE GOINS,

*

Plaintiff,

*

vs.

*

UNITED STATES OF AMERICA,

*

Defendant.

*

DANIELLE GOINS,

*

Plaintiff,

CASE NO. 4:16-CV-363 (CDL)

*

vs.

*
CASE NO. 4:16-CV-364 (CDL)

UNITED STATES OF AMERICA and
JEROME BROOKS,

*
*

Defendants.
*
O R D E R
Plaintiff

Danielle

Community

Hospital.

Municipal

Court

of

Goins

She

was

filed

Columbus,

employed

two

Georgia

at

separate
alleging

Martin

actions
that

Army

in

the

she

was

terminated from her job due to the false statements of three
coworkers and another individual.

In the first action, Goins

asserts claims for “Defamation and Libel,” alleging that two of
her Martin Army colleagues, Jessica Brooks and Andrea Taylor,
“[f]abricated a false alleged incident that resulted in [Goins]
getting terminated from Martin Army Community Hospital.”

Notice

of Removal Ex. A, Compl. 1, ECF No. 1-1 in 4:16-cv-363.

In the

second action, Goins asserts claims for “Defamation and Libel,”
alleging

that

one

of

her

Martin

Army

colleagues,

Melanie

Smizawski, “reported false and malicious incidents that resulted
in

[Goins]

Hospital.”

getting

terminated

from

Martin

Army

Community

Notice of Removal Ex. A, Compl. 1, ECF No. 1-1 in

4:16-cv-364.

Goins

also

asserts

in

the

second

action

that

Jerome Brooks, who is not alleged to be a colleague of Goins,
wrote a letter containing “malicious and false” information that
resulted in Goins’s termination from Martin Army.

Id.

The United States of America removed both actions to this
Court

under

28

U.S.C. §

1442(a)

and

certified

that

Jessica

Brooks, Andrea Taylor, and Melanie Smizawski were acting in the
scope of their employment when the alleged acts that gave rise
to the actions occurred.
ECF

No.

2-1

Employment,

ECF

certifications,

in

4:16-cv-363;

No.
the

Certification of Scope of Employment,

2-1
United

in

Certification

4:16-cv-364.

States

has

been

of
Based

Scope
on

substituted

Defendant in both actions under 28 U.S.C. § 2679(d).

of

those
as

a

The United

States is now the sole Defendant in 4:16-cv-363, and the United
States was substituted as Defendant for Smizawski in 4:16-cv364.

Jerome Brooks remains a Defendant in 4:16-cv-364.

Goins

did not respond to the Government’s motions to dismiss and did

2

not

present

any

argument

or

evidence

that

the

Government’s

certifications of scope of employment were improper.
The United States now seeks dismissal of Goins’s claims
against it for lack of subject matter jurisdiction.

The United

States “is immune from suit unless it consents to be sued.”
Zelaya v. United States, 781 F.3d 1315, 1321 (11th Cir. 2015).
Under the Federal Tort Claims Act, the United States has waived
its

sovereign

immunity

28 U.S.C. § 1346(b)(1).

in

limited

circumstances.

See

But “[i]f there is no specific waiver

of sovereign immunity as to a particular claim filed against the
Government, the court lacks subject matter jurisdiction over the
suit.”

Zelaya, 781 F.3d at 1322.

Exceptions to the Federal

Tort Claims Act are “‘strictly construed in favor of the United
States,’ and when an exception applies to neutralize what would
otherwise be a waiver of immunity, a court will lack subject
matter

jurisdiction

over

the

action.”

Id.

(quoting

JBP

Acquisitions, LP v. United States ex rel. FDIC, 224 F.3d 1260,
1263–64 (11th Cir.2000)).
28 U.S.C. § 2680 “lists exceptions to the United States’
waiver of sovereign immunity.” Id. at 1323.
is

the

exception

28 U.S.C. § 2680(h)

for

libel

(stating

and
that

One such exception

slander
the

claims.

limited

waiver

See
of

sovereign immunity shall not apply to any claims arising out of
libel and slander).

Here, Goins asserts “Defamation and Libel”

3

claims, contending that three of her federal employee coworkers
fabricated allegations that resulted in her termination.

Thus,

Goins’s claims based on the conduct of Jessica Brooks, Andrea
Taylor, and Melanie Smizawski are in the nature of libel and
slander claims against the United States.

Because the United

States did not waive sovereign immunity for such claims, Goins’s
claims against the United States in both actions are “subject to
dismissal for lack of subject matter jurisdiction.”

Glover v.

Donahoe, 626 F. App'x 926, 930 (11th Cir. 2015) (dismissing, for
lack of subject matter jurisdiction, a postal employee’s libel
and

slander

claims

that

were

based

on

his

federal

coworkers’ statements that led to his discipline).

employee
For these

reasons, the Court grants the Government’s Motions to Dismiss
(ECF No. 3 in 4:16-cv-363, ECF No. 3 in 4:16-cv-364).

All

claims against the United States in both actions are dismissed.
No claims remain pending in 4:16-cv-363.

In 4:16-cv-364,

Goins’s claims against Jerome Brooks remain pending.

In her

Complaint in 4:16-cv-364, Goins asserts state law defamation and
libel claims against Jerome Brooks, seeking $15,000 in damages.
Goins alleges that Jerome Brooks is a Georgia resident.

Based

on the face of the Complaint, Goins does not assert any claims
that arise under federal law, and she does not allege any facts
to

suggest

that

28 U.S.C. § 1332.

diversity

jurisdiction

exists

under

The Court directs the Clerk to remand civil

4

action

number

claims

against

4:16-cv-364,
Jerome

which

Brooks,

now
to

only

the

includes

Municipal

Goins’s

Court

of

Columbus, Georgia.
IT IS SO ORDERED, this 20th day of December, 2016.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

5