Monier v. United States
3:17-cv-01929
S.D. Cal.Nov 20, 2017Background
- Plaintiff Katie Monier sued over an alleged injury from a vaccination administered at San Ysidro Health Center.
- Case was filed in San Diego Superior Court and removed to federal court by the United States, which substituted itself for the original defendant (Centro).
- The United States moved to dismiss under Rule 12(b)(1) for lack of subject-matter jurisdiction, arguing Monier failed to present an administrative claim.
- Monier did not file a response to the motion and did not demonstrate that she exhausted administrative remedies under the FTCA/42 U.S.C. § 233 framework.
- The court treated the motion as a substantive jurisdictional challenge and examined whether statutory exhaustion occurred before suit.
- The court concluded Monier’s suit was premature for failure to file an administrative claim and dismissed the complaint without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has subject-matter jurisdiction given FTCA/§233 exhaustion requirements | Monier did not (and did not demonstrate that she) present an administrative claim; no responsive argument was filed | The United States argued Monier failed to present an administrative claim and thus did not satisfy the FTCA/§233 jurisdictional prerequisite | Court held there was no subject-matter jurisdiction because Monier failed to exhaust administrative remedies; dismissal without prejudice |
Key Cases Cited
- St. Clair v. City of Chico, 880 F.2d 199 (9th Cir. 1989) (party asserting jurisdiction bears burden; court may consider substantive jurisdictional attack)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (party asserting federal jurisdiction must prove it exists)
- Jerves v. United States, 966 F.2d 517 (9th Cir. 1992) (FTCA requires filing administrative claim with agency before suit)
- McNeil v. United States, 508 U.S. 106 (1993) (suit filed before exhaustion is premature and must be dismissed)
- Duplan v. United States, 188 F.3d 1195 (10th Cir. 1999) (premature FTCA complaints cannot generally be cured by amendment; new suit required)