With no explanation, chose the best option from "A", "B", "C" or "D". further states that, [o]n or about July 27, 2003, Burdette, a White Male Security Screener Supervisor, physically assaulted, battered, and caused injury and damage to Brown at the Cyril E. King Airport. At the time of the Assault and Battery, Brown was acting in her official capacity as a Security Screener for the Transportation Security Administration. (Id. at 6-7, ¶¶ 26-27.) On its face, the Complaint alleges that Brown’s injuries were sustained while Brown was performing her duty as a federal employee. Those injuries clearly fall within the scope of FECA. Brown’s tort claims all seek damages resulting from those covered personal injuries. Consequently, this Court lacks subject matter jurisdiction over Counts Two through Five of the Complaint. See, e.g., Heilman, 731 F.2d at 1111 (<HOLDING>); Attridge v. Johns Manville, 942 F.2d 790 (9th

A: holding that complaint that appellee used an unauthorized procedure to obtain dismissal of appellants claims was not waived because the trial court lacked authority to enter the order of dismissal
B: holding that dismissal without prejudice was appropriate where a plaintiff failed to name each of the persons alleged to have violated the appropriate standard of care
C: holding that dismissal is proper where any losses to american express were caused only because the scheme itself was exposed and thus failed
D: holding that dismissal was appropriate because the complaint alleged that the decedent died because he was exposed to radiation while working as a federal employee so his claims were clearly covered by feca
D.