905 F. Supp. 2d 414
D.R.I.2012Background
- Menge, a Bowerman subcontractor on the Golden Ridge nursing home project (2011), alleges nonpayment for his work and seeks damages.
- Federal funds were used for the Golden Ridge project, forming the basis for HUD involvement and the asserted federal-question/sovereign-immunity defenses.
- The case originated in Rhode Island Superior Court and was removed to this Court; HUD, five unnamed HUD employees, NAS, Robinson, and Golden Ridge are named defendants.
- HUD moved to dismiss under Rule 12(b)(1) and 12(b)(6); Robinson moved to dismiss; NAS moved to remand; Menge opposed each motion.
- The Court applied a 12(b)(1) standard akin to 12(b)(6), accepting well-pleaded facts as true for jurisdictional purposes.
- The Court granted the Federal Defendants’ motion to dismiss for lack of subject-matter jurisdiction and granted NAS’s remand, leaving Robinson’s motion moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity bars HUD and unnamed employees | Menge asserts jurisdiction exists despite immunity. | HUD/officials are immune from suit. | HUD and employees immune; no jurisdiction. |
| Waiver of sovereign immunity | Menge contends some form of waiver exists. | No unequivocal waiver evidenced. | No waiver; dismissal proper. |
| Remand after dismissal | Dismissal does not affect jurisdiction; diversity remains. | Remand required due to loss of federal-party diversity. | Remand granted; case remanded to state court. |
Key Cases Cited
- United States v. Mitchell, 463 U.S. 206 (1983) (waiver of sovereign immunity requires unequivocal consent)
- F.D.I.C. v. Meyer, 510 U.S. 471 (1994) (sovereign immunity shields government absent waiver)
- Murphy v. United States, 45 F.3d 520 (1st Cir. 1995) (12(b)(1) standard akin to 12(b)(6) when reviewing jurisdiction)
- Puerto Rico Tel. Co. v. Telecomm. Regulatory Bd. of Puerto Rico, 189 F.3d 1 (1st Cir. 1999) (jurisdictional review follows cognate standards; burden on party asserting jurisdiction)
- Loeffler v. Frank, 486 U.S. 549 (1988) (sovereign-immunity principles governing federal suits)