Brush v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION JAY BRIAN BRUSH, ) ) Plaintiff, ) ) v. ) No. 2: 22 CV 32 DDN ) UNITED STATES OF AMERICA, ) ) Defendant. ) MEMORANDUM AND ORDER This matter is before the Court on the motion of defendant United States to dismiss the First Amended Complaint of plaintiff Jay Brian Brush under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction or alternatively under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. (Doc. 13.) The parties have consented to the exercise of plenary…