Pope v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This action came before the court on defendant’s motion to dismiss the complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted, pursuant to RUSCG 12(b)(1) and 12(b)(4). Defendant’s motion to dismiss is granted in part and denied in part.

FACTS

In December 1977, plaintiff, Ms. Pope, was commissioned a first lieutenant in the Army Nurse Corps, United States Army Reserve. In January 1978, plaintiff entered active duty as a captain. In March 1979, plaintiff was admitted to a military hospital for psychiatric evaluation.…