United States District Court, D. New Jersey
BENNIE N. HUNT, JR., Plaintiff,
U.S. DEPARTMENT OF VETERANS AFFAIRS, et al., Defendants.
McNulty United States District Judge
Bennie N. Hunt, Jr., has filed this action against the United
States Department of Veterans Affairs (the "VA"),
as well as VA hospitals and personnel of the VA. The legal
basis of the claims is not specified; the plaintiff alleges
that in the period 1999-2000, he suffered from an
"enlarged heart" and "sexual
dysfunctioning," with a suggestion that they were
"caused by" the VA. I interpret these allegations
as a tort claim of medical malpractice. (See
Complaint, DE 1; Motion Suing the VA for Negligence, DE 1-4.)
United States has moved to dismiss the complaint on
jurisdictional and substantive grounds. (DE 19) Both before
and after the United States filed its motion, Mr. Hunt filed
a series of letters, which I have reviewed and treated as his
response to the motion to dismiss. (DE 16, 17, 18, 20, 21,
23, 24, 25, 26, 27, 28, 29)
reasons stated herein, however, the motion to dismiss must be
granted, because as a matter of law this complaint does not
state a claim that this court may hear.
FACTUAL ALLEGATIONS & CLAIMS
"Statement of Claim" section of the complaint (DE
1) states that in November 1998 the plaintiff "started
dealing [with] the V.A. Regional Office in downtown Newark,
N.J. and the East Orange New Jersey Veteran's
"Facts" section of the complaint reads, in its
entirety, as follows:
September 1999 to March 2000 V.A. Homeless Program at 51
Lincoln Street Haven-Manor, East Orange, N.J. 07018.
A.R.H.F.C. [A Residential Healthcare Facility]
Started November 1998 to May 2018 and still continuing
dealing [illegible] the fVA's systems
I'm a Lone Wolfe - Loner Hermit Crab Capabilities &
Settings Solely & Only (me, myself & I). I am a
The "Injuries" section of the Complaint states the
(Enlarge - Heart) inch diameter all around my entire heart
Sexual dysfunctioning Medicine Pills Medication Caused by
V.A. Homeless Program September 1999 to March 2000
demands the following relief: "Whatever the U.S. of A.
deficit is I still want the same exact."
belief that the complaint is intended to assert a tort claim
of medical malpractice is confirmed by a prior administrative
claim. On February 2, 2009, Mr. Hunt filed an SF-95
administrative tort claim with the VA, which was denied on
April 28, 2009. (See DE 19-2) The letter of denial states
that the claim was one of negligence against die East Orange
VA, arising from events in the period September 1999 to
November 2000. (Id.) The letter instructs Mr. Hunt
tiiat he could pursue the claim as a tort action against the
United States in federal court under the Federal Tort Claims
Act, 28 U.S.C. §§ 2671-80, within six montiis.
(Id.) The VA denied plaintiffs reconsideration
request by letter dated June 3, 2009, delivered to Mr. Hunt
on June 22, 2009. (DE 19-3, 19-4)
United States first moves to dismiss the complaint, pursuant
to Fed.R.Civ.P. 12(b)(1), for lack of subject matter
12(b)(1) challenge to die court's subject matter
jurisdiction may be either a facial or a factual attack.
See 2 Moore's Federal Practice g l2.3O (3d
ed. 2007); Mortensen v. First ...