Jean-Philippe v. United States

Filing 23

ORDER granting 16 Defendant's Motion to Dismiss; the Complaint 1 is DISMISSED WITH PREJUDICE (Written Opinion). Signed by Judge Ann D. Montgomery on 06/29/2015. (TLU) cc: Plf on 6/29/2015 (LPH).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ohane Jean-Philippe,
Plaintiff,
v.

ORDER
Civil No. 15-1182 ADM/LIB

United States of America,
Defendant.
______________________________________________________________________________
No appearance on behalf of Plaintiff.
Friedrich A. Siekert, Esq., Assistant United States Attorney, United States Attorney’s Office,
Minneapolis, MN, on behalf of Defendant.
______________________________________________________________________________
On June 26, 2015, this matter came on for hearing before the undersigned United States
District Judge on Defendant United States of America’s Motion to Dismiss [Docket No. 16].
No appearance was made on behalf of Plaintiff Ohane Jean-Philippe (“Jean-Philippe”).
Jean-Philippe asserted claims against his former co-worker, Sally Cass, arising from
alleged conduct that occurred during the scope of her employment at the St. Cloud Department
of Veterans Affairs. The action was removed and the United States substituted Cass as the
defendant in the matter pursuant to 28 U.S.C. § 2679(d). See Order [Docket No. 13].
The United States now moves for dismissal. In support, the United States argues that it
cannot be sued without its consent under the doctrine of sovereign immunity. United States v.
Sherwood, 312 U.S. 584, 586 (1941). Because Jean-Philippe’s claims sound in tort and the
United States is the defendant, his claims arise under the Federal Tort Claims Act (“FTCA”), 28
U.S.C. § 1346(b). FTCA guidelines, however, provide the exclusive waiver of sovereign
immunity for tort actions against the United States. United States v. Testan, 424 U.S. 392, 399
(1976). According to that procedure, a personal injury claim must be first presented to the

appropriate federal agency before a federal court can exercise jurisdiction. The statute reads:
An action shall not be instituted upon a claim against the United States for
money damages for injury or loss of property or personal injury or death
caused by the negligent or wrongful act or omission of any employee of the
Government while acting within the scope of his office or employment,
unless the claimant shall have first presented the claim to the appropriate
Federal agency and his claim shall have been finally denied by the agency in
writing. . . .
28 U.S.C. § 2675(a).
Jean-Philippe did not first pursue his claim with the appropriate federal agency. As such,
this Court lacks jurisdiction to proceed.
Based on the foregoing, and all the files, records and proceedings herein, IT IS
HEREBY ORDERED that:
1.

Defendant’s Motion to Dismiss [Docket No. 16] is GRANTED; and,

2.

The Complaint [Docket No. 1] is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COURT:

s/Ann D. Montgomery
ANN D. MONTGOMERY
U.S. DISTRICT JUDGE
Dated: June 29, 2015.

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