Hopkins v. Thornton et al

Filing 10

RULING granting 4 Defendant's Motion to Dismiss. Signed by Judge James J. Brady on 1/20/2015. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MARTHA ANN HOPKINS
CASE NO. 14-704-JJB-RLB
VERSUS
KIMBERLYNN COLLINS THORNTON, ET AL.
RULING ON MOTION TO DISMISS
Defendant, United States of America, moves for this Court to dismiss all claims of
Plaintiff, Martha Ann Hopkins. (Doc. 4-1). Plaintiff did not file responsive briefs for the Court to
consider.
STANDARD OF REVIEW
“To survive a motion to dismiss, a complaint must contain sufficient factual matter,
accepted as true, to state a claim for relief that is plausible on its face.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A
pleading is plausible when the plaintiff pleads “factual content” that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged. Iqbal, 129 S.Ct. at
1949. “In reviewing a Rule 12(b)(6) motion, the Court must accept all well-pleaded facts in the
complaint as true and view them in the light most favorable to the plaintiff.” Davis v. Bellsouth
Telecomm., 2012 WL 2064699, at *1 (M.D. La. June 7, 2012) (citing Baker v. Putnal, 75 F.3d
190, 196 (5th Cir. 1996)).
FACTUAL ALLEGATIONS
Plaintiff filed suit in state district court against Defendant, Kimberlynn Collins Thornton.
Plaintiff alleged that Defendant’s negligent acts and/or omission caused injuries to the Plaintiff.
Upon determining that Thornton was an employee of the United State Postal Service at the time
of the alleged negligent conduct, Defendant removed the action to federal court and moved to

substitute the United States as a Defendant. The United States now seeks to dismiss this suit
based on Plaintiff’s failure to exhaust requisite administrative remedies under the provisions of
the Federal Tort Claims Act (FTCA).
DISCUSSION
The exclusive remedy for the allegedly negligent or wrongful conduct of federal
employees arising under theories of common law tort is an action against the United States under
FTCA, 28 U.S.C. §§ 1346 and 2671 et seq. Hannah v. United States, 523 F.3d. 597, 601 (5th
Cir. 2008). Because the United States is the proper party defendant under the FTCA, Plaintiff
improperly filed suit against Thornton. 28 U.S.C. § 2679. Additionally, Plaintiff did not exhaust
his administrative remedies, as required under the FTCA, prior to filing this suit. 28 U.S.C. §
2675(a). An action against the United States shall not be instituted unless the claimant has first
filed an administrative claim with the appropriate federal agency. 28 U.S.C. § 2675(a). There is
no indication that Plaintiff filed an administrative claim with the appropriate federal agency.
CONCLUSION
This Court has considered Defendant’s Motion to Dismiss. There are sufficient facts pled
to establish that Plaintiff’s claim is subject to the FTCA and requisite administrative remedies
were not exhausted prior to filing suit. The United States’ Motion to Dismiss is GRANTED.

Signed in Baton Rouge, Louisiana, on January 20, 2015.

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JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA