Nix v. Hoke

MEMORANDUM OPINION

HUVELLE, District Judge.

Before the Court is defendant’s second motion to dismiss, plaintiffs opposition and cross-motion for attorney’s fees, and defendant’s reply. At this stage of the proceedings, plaintiffs complaint has been reduced to only three state law tort claims. Defendant moves under Fed.R.Civ.P. 12(b)(6), to dismiss these remaining claims for failure to exhaust administrative remedies as required under the Federal Tort Claims Act (“FTCA”), or alternatively, for failure to state a claim upon which relief may be granted. Plaintiff responds that the FTCA does not…