BELL V. HCR MANOR CARE FACILITY 432 Fed. Appx. 908 (2011) CASE BRIEF

BELL V. HCR MANOR CARE FACILITY

432 Fed. Appx. 908 (2011)

NATURE OF THE CASE: Bell (P) appealed a decision to dismiss P's complaint under Fed. R. Civ. P. 12(b)(1) for medical malpractice and wrongful death pursuant to 1983 and the FTCA.

FACTS: P sued D for medical malpractice and wrongful death, under 42 U.S.C. 1983 and the Federal Tort Claims Act ('FTCA'), 28 U.S.C. 1346. The district court granted D's motions to dismiss under Federal Rule of Civil Procedure 12(b)(1) after concluding that it lacked jurisdiction. The district court concluded that it lacked subject matter jurisdiction because P's 'claims have no plausible foundation.' P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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