Bourke v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DAVID BOURKE, ) ) Plaintiff, ) ) No. 20 C 4427 v. ) ) Judge Jorge L. Alonso UNITED STATES OF AMERICA, ) ) Defendant. ) MEMORANDUM OPINION AND ORDER Defendant moves for dismissal of Plaintiff’s complaint under Federal Rules of Civil Procedure12(b)(1) and 12(b)(6) on the basis that: (1) this Court lacks subject-matter jurisdiction because Plaintiff’s claim is subject to the Federal Employees Compensation Act (“FECA”) and is therefore within the exclusive jurisdiction of the Department of Labor, and (2)…