Harvey v. United States of America, No. 1:2018cv00305 - Document 33 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION and ORDER GRANTING 21 Defendant's Motion to Dismiss and the Amended Complaint Dkt. 12 is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Liam O'Grady on 9/26/2018. (See order for further details). (acha, ) Copy mailed to Plaintiff-Pro Se.
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Harvey v. United States of America Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division DANIEL HARVEY, Plaintiff, Civil No. 18-CV-305 V. UNITED STATES OF AMERICA, Hon. Liam O'Grady Defendant. MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant's Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction (Dkt. 21). The motion is fully briefed. For the reasons stated below and for good cause shown. Defendant's Motion to Dismiss(Dkt. 21) is GRANTED. Plaintiffs operative Amended Complaint(Dkt. 12) was filed on August 2,2018. See Dkt. 26. Plaintiff was a member of the United States Navy from 2002 to 2004. The Amended Complaint alleges that Defendant, the United States of America, falsely imprisoned Plaintiff when the Navy denied Plaintiffs request for a hardship discharge or transfer to another Naval unit in 2003. Plaintiffseeks monetary relief pursuant to the Federal Tort Claims Act and Bivens V. Six Unknown Named Agents ofFederal Bureau ofNarcotics, 403 U.S. 388(1971). The Court grants Defendant's Motion to Dismiss for five reasons. First, Plaintiffs claims are barred by the Feres doctrine because they are "incident to military service." The Court lacks jurisdiction over claims regarding military decisions to discharge or transfer a military member. United States v. Shearer,473 U.S. 52,59(1985). Dockets.Justia.com
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