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Morrison v. U.S.

Only FTCA Claims Against Government Survive in Suit Claiming MCC Inmate Beaten to Death

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OPINION & ORDER Plaintiff Nicole Morrison is the administrator of the estate of Roberto Grant, an individual who died while in custody at the Metropolitan Correctional Center (“MCC”) in lower Manhattan. She brings this federal civil rights action against the United States of America, the Federal Bureau of Prisons (“BOP”), and Correctional Officers Lee Plourde and Michael Kearins¹ (together, “Defendants”). Defendants move to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons that follow, Defendants’ motion is granted in part and denied in part. BACKGROUND The allegations in the Amended Complaint are presumed true on this motion. Morrison is Grant’s ex-wife and the mother of Grant’s two children. (Am. Compl., ECF No. 34 (“Compl.”), at 1.) On August 28, 2014, Grant pled guilty to conspiring to commit Hobbs Act robbery. Morrison alleges that Grant was beaten to death at MCC while awaiting sentencing. (Compl.

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