Bell v. United States

OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant United States of America’s Motion to Dismiss Plaintiffs Complaint (Doc. 25). The United States argues that the Court lacks subject matter jurisdiction under the Federal Tort Claims Act (“FTCA”), because the Complaint impermissibly challenges discretionary conduct, and fails to state a claim under Ohio law. (Id. at 2). Plaintiff Patrick Bell opposes, on the grounds that Defendant’s employee never exercised any discretion, and that Plaintiff has succeeded at stating an Ohio-law claim…