McGrath v. United States

OPINION AND ORDER

EMILY C. HEWITT, Judge.

Before the court are Defendant’s Motion to Dismiss (defendant’s Motion or Def.’s Mot.), filed October 27, 2008, plaintiffs Motion for Summary Judgment Advacary [sic]1 Motion to Dismiss[] This Petition (plaintiffs Response or Pl.’s Resp.), deemed filed on December 4, 20082 and Defendant’s Reply in Support of Its Motion to Dismiss (defendant’s Reply or Def.’s Reply), filed on December 22, 2008.

I. Background

Plaintiff, Gregory John McGrath, filed his Complaint (Compl.) on August 28, 2008 against the State of Wisconsin, Burnett County, Wisconsin, and several…