Targett

MEMORANDUM OF DECISION

This is a civil action brought under the Federal Tort Claims Act (“FTCA”) ( 28 U.S.C. § 2671 et seq.) by plaintiff Charles Targett, a former member of the United States Army, against defendants United States of America (“the Government”), the United States Department of the Army and the United States Nuclear Regulatory Commission. Targett alleges that he sustained personal injury as a result of certain conduct of the Government. He seeks damages for his alleged injuries.

Jurisdiction over all defendants is alleged under 28 U.S.C. § 1346 (b) which provides district courts with exclusive jurisdiction over civil actions against the United States for personal injury caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.

The case is now before the court on the Government’s motion to dismiss on the grounds that the court lacks jurisdiction over the subject matter of the action and that the action fails to state a claim upon which relief can be granted. Federal Rule of Civil Procedure 12(b)(1) and (6). Specifically, the Government contends that Targett’s claim is barred…