Bell v. Veteran's Administration Hospital

RULING

LITTLE, District Judge.

Jesse Ray Bell filed this suit invoking the protection of 5 U.S.C. § 7703(b)(2) and 42 U.S.C. § 2000e-16(c) alleging that he has been a victim of racial discrimination while employed by the Veterans Administration. The Government has filed a motion to dismiss under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, alleging that Bell failed to name the proper party defendant. The facts in this case bear a striking resemblance to those in the recent Supreme Court case of Schiavone v. Fortune, — U.S. -, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986), and on the…