Tedearo Burrell v. William L. Warbington

Summary

The United States District Court for the Eastern District of Michigan granted Defendant’s motion to dismiss for lack of subject matter jurisdiction. The court held that Plaintiff had not identified a waiver of sovereign immunity permitting claims effectively brought against the Social Security Administration and dismissed the claims with prejudice.

Holdings

1. Because Burrell failed to identify a waiver of sovereign immunity permitting his suit against the federal agency or federal defendant, the court lacked subject matter jurisdiction.
2. The defendant's motion to dismiss for lack of subject matter jurisdiction was granted, and Burrell's claims were dismissed with prejudice.

Questions Presented

1. Whether the court had subject matter jurisdiction over claims effectively brought against a federal agency or federal employee acting within the scope of federal employment absent an identified waiver of sovereign immunity.
2. Whether the defendant's motion to dismiss should be granted and the claims dismissed with prejudice.

Disposition

dismissed