Madsen v. Idaho Department of Health & Welfare

WALTERS, Chief Judge.

This is an appeal from an order dismissing an action filed by the plaintiff-appellant, John Madsen, against the respondent Department of Health and Welfare and one of its employees, Jerry Nuxoll. In his complaint, Madsen sought recovery of damages allegedly suffered by him and caused by actions of the Department’s employee. The allegations of Madsen’s complaint were couched in terms of averred tortious conduct.1 The court granted a motion by *759the defendants to dismiss the action as to the Department, on the ground that the court lacked subject matter jurisdiction. This…