United States District Court, W.D. Missouri, Western Division
Fernando J. Gaitan, Jr. United States District Judge
before the Court is Defendant's Motion to Dismiss for
Failure to State a Claim, or, in the Alternative, for Summary
Judgment (Doc. No. 6). Defendant argues that plaintiff has
failed to file this complaint within the applicable statute
February 19, 2015, Plaintiff William Royster
(“Royster”), a Navy veteran pilot, submitted to
the United States Department of Veterans Affairs
(“DVA”) an administrative tort claim alleging
that health care providers at the Kansas City VA Medical
Center (“KCVA”) had negligently diagnosed him as
having Bipolar Disorder (which he alleged permanently
grounded him from flying as a commercial pilot for major
airlines). On August 4, 2015, the DVA denied Royster's
administrative claim by letter to his attorney mailed by
certified mail. On October 2, 2015, Royster filed an action
in this Court, styled William Royster v. United
States, Case No. 4:15-cv-00768-FJG (the “2015
Complaint in that action (the “2015 Complaint')
Royster alleged that on April 28, 2004, a KCVA psychiatrist
negligently misdiagnosed him as having Bipolar Disorder, that
between then and November 17, 2014, various KCVA
psychiatrists and other physicians negligently reaffirmed
that diagnosis, and that by letter dated November 18, 2014, a
KCVA psychiatrist stated an opinion that Royster had not met
the criteria for the diagnosis of Bipolar Disorder. On
September 26, 2016, the 2015 action was dismissed without
prejudice, following the filing of a stipulation of dismissal
without prejudice on September 22, 2016. See Doc.
No. 26 in 2015 action.
current action was filed September 13, 2017. It is for the
same alleged acts or omissions as the 2015 action, and the
2017 Complaint is essentially identical to the 2015
Complaint. The United States asserts that, under 28 U.S.C.
§ 2401(b) of the Federal Tort Claims Act
(“FTCA”), the 2017 Complaint is untimely.
survive a Rule 12(b)(6) motion to dismiss, “a complaint
must contain sufficient factual matter, accepted as true, to
state a claim to relief that is plausible on its face.”
Kelly v. City of Omaha, Neb., 813 F.3d 1070, 1075
(8th Cir. 2016) (citations and quotations omitted). A claim
is plausible on its face when, drawing all reasonable
inferences in the plaintiff's favor, the plaintiff
“pleads factual content that allows the court to draw
the reasonable inference that the defendant is liable for the
misconduct alleged.” Id. “While a
complaint need not contain detailed factual allegations . . .
a plaintiff's obligation to provide the grounds of his
entitlement to relief requires more than labels and
conclusions [and] . . . [f]actual allegations must be enough
to raise a right to relief above the speculative
level.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal
quotation marks and citations omitted); see also Ashcroft
v. Iqbal, 556 U.S. 662, 663, 129 S.Ct. 1937, 173 L.Ed.2d
868 (2009) (“Threadbare recitals of a cause of action,
supported by mere conclusory statements, do not
judgment is appropriate if the movant shows that there is no
genuine dispute as to any material fact and that the movant
is entitled to judgment as a matter of law. Fed.R.Civ.P.
56(a); Celotex Corp. v. Catrett, 477 U.S. 317,
322-323, 106 S.Ct. 2548, 2552-53 (1986). The facts and
inferences are viewed in the light most favorable to the
nonmoving party. Matsushita Elec. Indus. Co. v. Zenith
Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 1356
(1986). However, the non-movant must do more than simply show
that there is some metaphysical doubt as to the material
facts, and must come forward with specific facts showing that
there is a genuine issue for trial. Matsushita, 475
U.S. at 586, 106 S.Ct. at 1356. Where the record taken as a
whole could not lead a rational trier of fact to find for the
nonmoving party, there is no genuine issue for trial.
Torgerson v. City of Rochester, 643 F.3d 1031, 1042
(8th Cir. 2011).
does not dispute the facts as set out by defendant.
Specifically, the ...