Documente Academic
Documente Profesional
Documente Cultură
No. 10-2019
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:10-cv-00027-REP)
Submitted:
March 1, 2011
Decided:
PER CURIAM:
Deneen Harris, Jessie Harvey, Joseph Bradley, Steven
Hyde,
Linda
Reid,
Janakibai
Theogaraj,
Linda
Tyree,
Claims
Act
(FTCA),
28
U.S.C.
2671-2680
(2006).
Act
(VHRPA),
Government
filed
Va.
Code
motion
to
Ann.
32.1-127.1:03
dismiss
the
(2010).
complaint,
and
motion.
The
district
court
adopted
the
We affirm.
dismissal
de
novo.
Philips v.
2
Pitt
Cnty.
Meml
Hosp.,
572 F.3d
176,
179-80
(4th
Cir.
2009);
complaint
for
lack
of
Etape
v.
Chertoff,
subject
matter
jurisdiction
matter
jurisdictional
jurisdiction
allegations
can
in
the
be
based
complaint
or
are
if
not
the
true.
Kerns v. United States, 585 F.3d 187, 192 (4th Cir. 2009).
district
court
12(b)(6)
if,
should
accepting
dismiss
all
complaint
well-pleaded
pursuant
allegations
to
in
Rule
the
See
Id.
Assuming,
without
deciding,
that
the
VHRPA
does
of
an
individuals
health
except
when
state
law.
alleged
in
Va.
the
Code
Ann.
complaint
32.1-127.1:03(A).
state
only
that
agents
The
facts
from
the
the
health
care
entity
believes
in
good
faith
that
the
Va.
bare allegation that the VA OIG did not act in good faith is
insufficient
Ashcroft
v.
to
circumvent
Iqbal,
129
S.
this
Ct.
statutory
1937,
1949
exception.
(2009);
See
Bell
Atl.
to
the
applicable
establishment
which
relate
to
dispense
with
oral
argument
because
the
facts
and
legal