Booten v. United States

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

STATEMENT OF THE CASE

This matter is before the Court on the Defendant’s Motion to Dismiss Counts VII - IX 1 of the Further Amended Complaint and Jury Claim (the “Complaint”) pursuant to Fed.R.Civ.P. 12(b)(1), or, in the alternative, Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56(b), for lack of subject matter jurisdiction. This cause of action arises from the circumstances surrounding the death of Allen D. Booten, II (the “decedent”), at the Defendant’s Veterans’ Affairs (VA) Medical Center in Providence, Rhode Island. The Plaintiff,…