McKay v. United States of America et al

Filing 25

ORDER & REASONS that the United States' 21 Motion to Dismiss Federal Employee and Federal Agency, for Lack of Jurisdiction, is GRANTED. Signed by Judge Eldon E. Fallon on 1/20/16. (dno)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ALBERT MCKAY, JR.

CIVIL ACTION

VERSUS

NO. 15-1496

UNITED STATES OF AMERICA, ET AL.

SECTION "L" (4)

ORDER & REASONS
Before the Court is the United States’ Motion to Dismiss Federal Employee and Federal
Agency. R. Doc. 21. After reviewing the United States’ memoranda, the record, and the
applicable law, the Court GRANTS the United States’ motion.
The Court finds the United States’ motion unopposed. The motion is set for submission
on Wednesday, January 20, 2016. Pursuant to Local Rule 7.5, McKay’s Opposition was due on
January 12, 2016. The present motion is therefore unchallenged.
More importantly, the Court finds that the Court lacks subject matter jurisdiction due to
the Federal Torts Claims Act (“FTCA”). The FTCA provides that a suit against the United
States shall be the exclusive remedy for persons with claims for damages resulting from the
actions of federal employees taken within the scope of their employment. 28 U.S.C.
§ 2679(b)(1). The FTCA further provides that any other statute authorizing a federal agency to
sue and be sued in its own name does not authorize an action against the agency that is
cognizable under the tort-claims provision. § 2679(a). Instead, a suit against the United States is
the exclusive remedy for tort claims arising from the actions of government agencies. Id.; see
also Galvin v. Occupational Safety & Health Admin., 860 F.2d 181, 180 (5th Cir. 1988) (“It is
beyond dispute that the United States, and not the responsible agency or employee, is the proper
party defendant in a Federal Tort Claims Act suit.”). McKay attempts to assert a claim against

Turner, a federal employee, and the USPS, a federal agency. These parties must be dismissed
pursuant to the FTCA. Therefore,
IT IS ORDERED that the United States’ Motion to Dismiss Federal Employee and
Federal Agency is GRANTED.

New Orleans, Louisiana, this 20th day of January, 2016.

UNITED STATES DISTRICT JUDGE

Cc:
Albert McKay, Jr.
5749 Cameron Boulevard
New Orleans, LA 70122
PRO SE
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