Pugh et al v. United States Postal Service et al

Filing 16

ORDER AND REASONS granting 12 Motion to Dismiss. For the foregoing reasons, the United States' motion to dismiss is GRANTED. Plaintiff's claims against Joe Wyatt and the United States Postal Service are DISMISSED. The United States of America is hereby SUBSTITUTED for Wyatt and the United States Postal Service as defendant. Signed by Judge Sarah S. Vance on 12/12/2017. (cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KYNISHA PUGH, ET AL.
VERSUS

CIVIL ACTION
NO. 17-1907

UNITED STATES POSTAL SERVICE,
ET AL.

SECTION “R” (2)

ORDER AND REASONS
Before the Court is the United States’ motion to dismiss claims against
Defendants Joe Wyatt and the United States Postal Service for lack of subject
matter jurisdiction.1 For the following reasons, the Court grants the motion.

I.

BACKGROUND
This case arises out of a motor vehicle collision in New Orleans,

Louisiana, on April 9, 2014. 2 According to the complaint, Defendant Joe
Wyatt was driving a U.S. Postal Service delivery truck when he hit Plaintiff
Kynisha Pugh’s car. 3 Plaintiffs Mia Salomon, John Pugh, and Patricia Pugh

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2
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R. Doc. 12.
R. Doc. 1 at 2.
Id.

were passengers in Ms. Pugh’s car.4 Plaintiffs allege that they each suffered
severe bodily injury because of the collision. 5
On March 3, 2017, plaintiffs filed a complaint for damages against Joe
Wyatt and the U.S. Postal Service. 6 Plaintiffs later amended their complaint
to add as a defendant State Farm Mutual Automobile Insurance Company.7
The United States now moves to dismiss the claims against Joe Wyatt and
the U.S. Postal Service for lack of subject matter jurisdiction. 8 Plaintiffs have
not responded to this motion.
II.

DISCUSSION
Plaintiffs’ complaint asserts that they suffered personal injuries

because of the alleged negligence of a federal employee and a federal agency.9
Under the Federal Torts Claims Act (FTCA), such a claim must be brought
against the United States, “and not the responsible agency or employee.”
Galvin v. Occupational Safety & Health Admin., 860 F.2d 181, 183 (5th
Cir. 1988); see also 28 U.S.C. § 2679. “[A]n FTCA claim against a federal
agency or employee as opposed to the United States itself must be dismissed

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5
6
7
8
9

Id.
Id.
Id. at 1.
R. Doc. 3.
R. Doc. 12.
R. Doc. 1 at 3.
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for want of jurisdiction.” Id. Accordingly, plaintiffs cannot maintain their
claims against Wyatt or the U.S. Postal Service.
The statute further provides that:
Upon certification by the Attorney General that the defendant
employee was acting within the scope of his office or
employment at the time of the incident out of which the claim
arose, any civil action or proceeding commenced upon such
claim in a United States district court shall be deemed an action
against the United States under the provisions of this title and
all references thereto, and the United States shall be substituted
as the party defendant.
28 U.S.C. § 2679(d)(1). The Attorney General has delegated certification
authority to the United States Attorney for the district where the civil action
is brought. See 28 C.F.R. § 15.4. The Acting United States Attorney for the
Eastern District of Louisiana has certified that Wyatt was acting within the
scope of his employment with the U.S. Postal Service at the time of the
conduct alleged in plaintiffs’ complaint. 10
The Court therefore dismisses Wyatt and the U.S. Postal Service as
defendants in this matter, and substitutes the United States as the proper
party defendant.

10

R. Doc. 12-2.
3

III. CONCLUSION
For the foregoing reasons, the United States’ motion to dismiss is
GRANTED. Plaintiff’s claims against Joe Wyatt and the United States Postal
Service are DISMISSED.

The United States of America is hereby

SUBSTITUTED for Wyatt and the United States Postal Service as defendant.

12th
New Orleans, Louisiana, this _____ day of December, 2017.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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