Henry v. Government of the Virgin Islands

*228MEMORANDUM OPINION AND ORDER

This is an action for damages for wrongful death brought against the Government of the Virgin Islands pursuant to the Tort Claims Act, Title 33 V.I.C. § 3408. The Government has filed a motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b) (1) for lack of subject matter jurisdiction and under Rule 12(b) (6) for failure to state a claim upon which relief can be granted. I have reviewed the memoranda in support of and in opposition to dismissal and have concluded that the motion must be DENIED.

The principal ground upon which the Government bases…