Phillips v. Department of the Army

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION THOMAS ARMISTEAD PHILLIPS, ) ) Plaintiff, ) ) v. ) CIVIL ACTION 23-0140-WS-MU ) UNITED STATES OF AMERICA, et al., ) ) Defendants. ) ORDER This matter is before the Court on the motion of the governmental defendant (“the Corps”) to dismiss. (Doc. 10). The parties have filed briefs in support of their respective positions, (Docs. 10, 18, 19, 32), and the motion is ripe for resolution. After careful consideration, the Court concludes the motion is due to be denied. BACKGROUND According to the complaint,…