Opinion
Civil No. 22-1370 (FAB)
2023-07-28
Alexandra AMÉZQUITA-ANDINO; Alexis Román-amézquita; and minors N.A.H.P.; D.E.G.; O.Y.H.M.; and I.K.H.C., Plaintiffs, v. UNITED STATES of America, Defendant.
Julio E. Gil-De-Lamadrid, Gil de Lamadrid, PSC, Bayamon, PR, for Plaintiffs. Enrique Silva-Aviles, United States Attorneys Office District of Puerto Rico, San Juan, PR, for Defendant.
Julio E. Gil-De-Lamadrid, Gil de Lamadrid, PSC, Bayamon, PR, for Plaintiffs. Enrique Silva-Aviles, United States Attorneys Office District of Puerto Rico, San Juan, PR, for Defendant.
MEMORANDUM AND ORDER
BESOSA, District Judge.
Plaintiffs filed this complaint against the United States based on the death in a federal prison in Florida of their family member, Oreste Hechevarría-Amézquita ("Hechevarría" or "the deceased"). (Docket No. 1.) Before the Court is defendant United States' motion to dismiss pursuant to Federal Rule of Civil of Procedure 12(b)(1) ("Rule 12(b)(1)"). (Docket No. 18.) For the reasons set forth below, the United States' motion to dismiss is GRANTED, and this case is DISMISSED without prejudice.
I. Background
On August 3, 2022, plaintiffs Alexandra Amézquita-Andino, the deceased's mother, Alexis Román-Amézquita, the deceased's brother, and N.A.H.P., D.E.G., O.Y.H.M., and I.K.H.C., the deceased's minor children ("plaintiffs") commenced a civil action against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b)(1) and 2761 et seq. (Docket No. 1 at pp. 1—3.) The claims set forth in the complaint stem from their family member's alleged wrongful death while in custody of the Federal Bureau of Prisons at FCI Coleman Low in Sumterville, Florida. Id. at p. 1.
The Court takes the following facts as true, as pled in the complaint. See Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir. 1998). Hechevarría was housed with a violent and unstable inmate, whom the plaintiffs state the government knew or should have known had these characteristics. (Docket No. 1 at p. 4—5.) On July 15, 2021, Hechevarría's cellmate assaulted him without provocation, causing multiple injuries, including blunt head trauma. Id. at p. 5. The federal prison authorities did not seek prompt medical care for him. Id.
This page of the complaint mistakenly states "on July 15, 2022" but on an earlier page identifies the event happening in 2021. See Docket No. 1 at pp. 5 and 1.
Hechevarría was eventually transferred to Kindred Hospital Ocala in Ocala, Florida for treatment. Id. The United States did not contact Hechevarría's family to inform it of his condition; the family only learned of the events through a phone call from one of the nurses at the hospital. Id. On August 14, 2021, Hechevarría died due to his injuries. Id. at p. 6. The deceased's death certificate states the cause of death as "Homicide; Cause of Death Part I - (a) Pulmonary Thromboembolism; and (b) Deep Venous Thromboses; Part II Blunt Head Trauma Due to Assault." Id. Plaintiffs filed an administrative tort claim with the government on January 16, 2022, which was denied on May 20, 2022. Id.
Plaintiffs filed this complaint in federal court on August 3, 2022, alleging that the government breached its duty of care, resulting in Hechevarría's injuries and death. Id. at p. 8. The complaint states that the "[p]laintiff will seek to recover all damages permitted under the law, including but not limited to, all damages recoverable for the wrongful death of Mr. Hechevarría." Id. The United States moved to dismiss the complaint, arguing that Florida law controls the underlying tort and that pursuant to Florida law, only the personal representative of the deceased can bring a wrongful death action. (Docket No. 18.) Because the complaint does not allege that any of the plaintiffs is the personal representative of the deceased, the government argues that the plaintiffs do not have standing and that the complaint therefore must be dismissed for lack of subject matter jurisdiction. Id. at p. 11.
The plaintiffs responded, stating that they have standing because Alexandra Amézquita-Andino is the "duly appointed personal representative of the decedent's children" and that Puerto Rico law governs who is the legal representative of the minors. (Docket No. 20 at p. 8.) The United States replied that this response did not address its argument and did not make any new allegation that any of the plaintiffs has been appointed by a court to administer Hechevarría's estate. (Docket No. 22.)
II. Legal Standards
A. Rule 12(b)(1)
Rule 12(b)(1) allows a court to dismiss a complaint when the Court's subject-matter jurisdiction is not properly alleged. See Fed. R. Civ. P. 12(b)(1). Standing is an element of subject matter jurisdiction. See Warth v. Seldin, 422 U.S. 490, 498-99, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) ("As an aspect of justiciability, the standing question is whether the plaintiff has 'alleged such a personal stake in the outcome of the controversy' as to warrant his invocation of federal-court jurisdiction and to justify exercise of the court's remedial powers on his behalf.") (citing Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962)). If subject matter jurisdiction does not exist, a court must dismiss the case and not make any decision on the merits. See Menéndez v. United States, 67 F.Supp.2d 42, 45 (D.P.R. 1999) (Casellas, J.). In determining a motion filed pursuant to Rule 12(b)(1), the Court accepts the complaint's well-pled facts as true and views them, and the inferences drawn from them, in a light most favorable to the pleader. See Viqueira, 140 F.3d at 16.
B. Federal Tort Claims Act
The FTCA provides that the United States is liable for torts caused by negligent acts or omissions of employees of the Government while acting under circumstances where the Government, if a private person, would be liable pursuant to the law of the place where the act or omission occurred. See 28 U.S.C. §§ 1346(b)(1) and 2674; United States v. Olson, 546 U.S. 43, 46, 126 S.Ct. 510, 163 L.Ed.2d 306 (2005) (explaining that the United States waives sovereign immunity where local law would make a private person liable in tort under analogous, not the same, circumstances). The "law of the place" for purposes of the FTCA is determined by "where the alleged wrongful actions occurred." Rucci v. United States INS, 405 F.3d 45, 49 (1st Cir. 2005) (stating that "Puerto Rico law provides the relevant standards for the substantive claims" pursuant to the FTCA because the alleged torts occurred in Puerto Rico.)
C. Florida Wrongful Death Act
The "Florida Wrongful Death Act" provides that "[w]hen the death of a person is caused by the wrongful act [or] negligence . . . of any person . . . and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person . . . that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act . . . ." FLA. STAT. ANN. § 768.19 (West 2023). The action must be brought by the "decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages . . . caused by the injury resulting in death." Id. at § 768.20. The wrongful death action is the exclusive remedy for any personal injury that then resulted in death. Id.
III. Discussion
The plaintiffs' complaint sues the United States pursuant to the FTCA for the government's alleged breach of its duty of care, which they allege caused Hechevarría's injuries and death. See Docket No. 1 at p. 8. The complaint states that the "[p]laintiff will seek to recover all damages permitted under the law, including but not limited to, all damages recoverable for the wrongful death of Mr. Hechevarría." Id. The FTCA does not provide its own tort law, but instead applies the "law of the place" "where the alleged wrongful acts occurred." See Rucci, 405 F.3d at 49. Here the alleged wrongful conduct by the United States took place in Florida. See Docket No. 1 at pp. 4-6.
Pursuant to Florida law, the "Florida Wrongful Death Act" applies "[w]hen the death of a person is caused by the wrongful act [or] negligence . . . of any person . . . ." Fla. Stat. Ann. § 768.19 (West 2023). The statute is also the remedy if any personal injury resulted in death. Id. at § 768.20. Pursuant to the statute, the suit must be filed by the personal representative of the deceased. Id. A personal representative is "the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor." Id. at § 731.201(28).
The United States argues the complaint must be dismissed because the complaint does not allege that any of the plaintiffs is the personal representative of the deceased, as required by Florida law. (Docket No. 18 at p. 11.) Accordingly, the government argues that the plaintiffs do not have standing and the complaint must therefore be dismissed for lack of subject matter jurisdiction. Id.
The government is correct that in their complaint; the plaintiffs have not alleged that any of them has been appointed as Hechevarría's personal representative. See Docket No. 1. In replying to the government's argument that this means they lack standing to bring this suit, the plaintiffs only explain that plaintiff Alexandra Amézquita-Andino is "a duly appointed personal representative of the decedent's children." See Docket No. 20 at p. 8 (emphasis added). Plaintiffs have not alleged that anyone has been appointed the personal representative of the deceased, which is what Florida law requires. See Fla. Stat. Ann. § 768.20 (West 2023). Therefore, plaintiffs do not have standing to bring this wrongful death action and the Court does not have jurisdiction over its subject matter. See Warth, 422 U.S. at 498-99, 95 S.Ct. 2197; Bolin v. Coquina Ctr., LLC, 6:21-CV-357-WWB-DCI, 2021 WL 2474312, at *3 (M.D. Fla. May 24, 2021), report and recommendation adopted, 6:21-CV-357-WWB-DCI, 2021 WL 7448067 (M.D. Fla. Aug. 25, 2021) (recommending dismissal where plaintiff did not allege she was the personal representative of her deceased mother and therefore did not have standing pursuant to the Florida Wrongful Death Act).
If and when the plaintiffs proceed through the probate process for their deceased relative, the deceased's personal representative may re-file the complaint. See Laguille-Brugman v. United States, 8:21-CV-1064-CEH-JSS, 2022 WL 3155340, at *2 (M.D. Fla. Aug. 8, 2022) (dismissing complaint without prejudice where plaintiff did not allege she was the personal representative of her deceased husband).
IV. Conclusion
For the reasons expressed above, the United States' motion to dismiss is GRANTED. (Docket No. 18.) The complaint is DISMISSED WITHOUT PREJUDICE.
Judgment shall be entered accordingly.
IT IS SO ORDERED.