Dallas v. United States of America
ORDER AND REASONS granting 6 MOTION to Dismiss; All claims in this case are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 9/14/2016.(blg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
ORDER AND REASONS
Before the Court is the United States’s motion 1 to dismiss Robert Dallas’s
claims for lack of subject-matter jurisdiction and for failure to state a claim. For the
following reasons, this Court grants the motion.
Robert Dallas is a civil service employee of the United States and served as the
master of the M/V Bienville. In 2014, Captain Dallas recovered federal worker’s
compensation benefits under the Federal Employees Compensation Act for injuries
suffered in the course of employment. Nonetheless, Captain Dallas now brings suit
against the United States under the Jones Act and the general maritime law.
The United States moves to dismiss, arguing, among other things, that the
Federal Employees Compensation Act sets out the exclusive remedy for Captain
This Court agrees.
Both Supreme Court and Fifth Circuit
precedent are unequivocal that “a seaman injured in the course of his employment as
a federal employee . . . is limited to the benefits provided under the terms of the
Federal Employees Compensation Act and . . . may not maintain a suit for damages
R. Doc. No. 6.
against the Government.” Johnson v. United States, 402 F.2d 778, 779 (5th Cir.
1968); see, e.g., Johansen v. United States, 343 U.S. 427 (1952).
though Captain Dallas requests that the Court “correct” 2 Supreme Court precedent,
this Court is constrained to conclude that it lacks subject-matter jurisdiction to
consider Captain Dallas’s claims. See, e.g., Armstrong v. U.S. Army Corps of Eng’rs,
No. 91-2808, 1991 WL 332257, at *2 (E.D. La. 1991). 3
IT IS ORDERED that the motion to dismiss is GRANTED. All claims in this
case are DISMISSED WITHOUT PREJUDICE.
New Orleans, Louisiana, September 14, 2016.
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
R. Doc. 5
Because the Court is dismissing for lack of subject-matter jurisdiction, it does not
reach the arguments regarding the statute of limitations.
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