Tucker v. USA

Filing 8

MEMORANDUM AND ORDER - For the above reasons, Defendant's Motion to Substitute the United States as Defendant, Doc. #3 , is GRANTED. The United States is HEREBY substituted for Defendant TSA Claims Management Branch., (TSA Claims Management Branch terminated.) Signed by District Judge Matthew T. Schelp on 06/03/2024. (KRZ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANGELA TUCKER
Plaintiff,
vs.
TSA CLAIMS MANAGEMENT BRANCH,
Defendant.

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Case No. 4:24-cv-00595-JMB

MEMORANDUM and ORDER
Now pending before the Court is Defendant TSA Claims Management Branch’s Motion to
Substitute the United States as Defendant. Doc. [3]. Plaintiff, who is proceeding pro se, has not
filed a response by the deadline. For the reasons set forth below, the Motion is GRANTED.
BACKGROUND
Plaintiff Angela Tucker filed a petition in small claims court on January 5, 2024 after her
luggage was allegedly damaged by the Transportation Security Administration (TSA) in March,
2021. She seeks $780.00 in compensation for damage to the luggage, pain and suffering, filing
fees, and costs. Defendant removed this action on April 25, 2024, pursuant to 28 U.S.C. §
1442(a)(1), which permits removal of claims against United States agencies and officers.
Defendant asserts in the Notice of Removal that Plaintiff is in fact seeking relief pursuant to the
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq., which is the exclusive remedy for her
claims.
DISCUSSION
TSA is a division within the Department of Homeland Security, a federal agency. In
general, the United States and its agencies are immune from suit unless sovereign immunity is

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waived by Congress. Loeffler v. Frank, 486 U.S. 549, 554-555 (1988). As it relates to this case,
the United States has waived sovereign immunity in civil actions pursuant to the FTCA:
The United States shall be liable, respecting the provisions of this title relating to
tort claims, in the same manner and to the same extent as a private individual under
like circumstances, but shall not be liable for interest prior to judgment or for
punitive damages.
28 U.S.C. § 2674; Mader v. United States, 654 F.3d 794, 797 (8th Cir. 2011). The FTCA is the
exclusive remedy for property damage caused by the negligent or wrongful acts of government
employees while acting within the scope of their employment. 28 U.S.C. § 2679(b)(1).
The practical effect is that if Plaintiff is suing federal employees for their allegedly
negligent or wrongful acts taken within the scope of their employment, then her only remedy is
against the United States, which must be substituted as the party Defendant. Kearns v. United
States, 23 F.4th 807, 811 (8th Cir. 2022); Anthony v. Runyon, 76 F.3d 210 , 212-13 (8th Cir. 1996).
Plaintiff’s complaint does not mention any employee or that she is presenting a tort claim.
However, a reasonable inference to be drawn is that she is claiming property damage at the hands
of employees of the TSA. As such, Plaintiff is alleging a tort claim against federal employees who
were acting within the scope of their employment and her claim is against the United States.
CONCLUSION
For the above reasons, Defendant’s Motion to Substitute the United States as Defendant,
Doc. [3], is GRANTED. The United States is HEREBY substituted for Defendant TSA Claims
Management Branch.
_____________________________
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of June, 2024

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