Brian Bevel v. Federal Emergency Management Agency

Summary

The United States District Court for the Middle District of Florida dismissed Brian Bevel’s breach-of-insurance-contract action against FEMA without prejudice for lack of subject-matter jurisdiction. The court held that the derivative-jurisdiction doctrine applied because the action was initially filed in state court, which lacked jurisdiction under 42 U.S.C. § 4072’s exclusive federal-jurisdiction provision. The court noted that Bevel may refile the claim in the proper federal court.

Holdings

1. Under the derivative-jurisdiction doctrine, a federal court acquires no subject-matter jurisdiction over a removed case if the state court lacked subject-matter jurisdiction over the case when it was filed.
2. Because Bevel's policy was issued under 42 U.S.C. § 4071, § 4072 required his suit challenging FEMA's handling of the policy claim to be brought in the appropriate federal district court rather than Florida state court.
3. The possibility that the claim could have been filed originally in federal court under § 4072 or § 1332 did not cure the jurisdictional defect created by removal from a state court lacking subject-matter jurisdiction.

Questions Presented

1. Whether the federal court acquired subject-matter jurisdiction over a case removed under 28 U.S.C. § 1442(a)(1) when the state court lacked subject-matter jurisdiction over the action at the time of removal.
2. Whether 42 U.S.C. § 4072 provides exclusive federal jurisdiction and venue for Bevel's claim under a FEMA-issued flood-insurance policy.
3. Whether the possibility of original federal jurisdiction under 42 U.S.C. § 4072 or 28 U.S.C. § 1332 defeats application of the derivative-jurisdiction doctrine to a case removed under § 1442.

Disposition

dismissed