Filippatos v. United States

Summary

The United States District Court for the District of New Jersey grants the Government’s Rule 12(b)(1) motion to dismiss John Filippatos’s complaint without prejudice. The court holds that the plaintiff’s defamation claims against the United States are barred by the Federal Tort Claims Act’s intentional-tort exception and therefore fall outside the court’s subject-matter jurisdiction. The court declines to consider additional claims raised for the first time in opposition to the motion to dismiss.

Holdings

1. The Federal Tort Claims Act does not waive the United States' sovereign immunity for defamation or slander claims, including claims arising out of those torts.
2. Because the complaint's defamation claims were barred by the FTCA's intentional-tort exception, the court lacked subject matter jurisdiction and was required to dismiss the action without prejudice.
3. The court would not consider claims for intentional infliction of emotional distress or negligent supervision asserted solely in opposition to the motion to dismiss because a complaint may not be amended through briefing.

Questions Presented

1. Whether the Federal Tort Claims Act waives the United States' sovereign immunity for Filippatos's defamation claims.
2. Whether the court had subject matter jurisdiction over the complaint under the Federal Tort Claims Act.
3. Whether claims asserted for the first time in opposition papers could be considered as part of the complaint.

Disposition

dismissed