v.
United States
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit
FILED
No. 25-50120 November 6, 2025 ____________ Lyle W. Cayce Clerk Michael C. Smart,
Plaintiff—Appellant,
versus
United States of America,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:23-CV-319
______________________________
Before Davis, Stewart, and Ramirez, Circuit Judges.
Per Curiam: * After the Department of Veterans Affairs (VA) allegedly denied him mental health treatment, Michael C. Smart (Smart) sued the United States under the Federal Tort Claims Act (FTCA) for medical negligence. The district court denied his motion for recusal and dismissed his claim for lack of jurisdiction and failure to state a claim. We AFFIRM.
_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50120 Document: 64-1 Page: 2 Date Filed: 11/06/2025 No. 25-50120 I Smart is a veteran of the Gulf War who sought assistance from the VA “for mental health, alcoholism, and homelessness issues.” “[S]erious bouts of mental health issues” led the VA to place Smart “on a potential violence list” and require that he be escorted by an armed police officer while on VA property. In October 2010, Smart was charged with assaulting a federal officer. Because his conditions for pretrial release included mental health treatment, Smart began seeing a mental health specialist, Ray Leal. Smart was ultimately convicted and sentenced to a term of imprisonment. Upon release from prison, Smart resumed his treatment with Leal. Smart initially paid for the treatment himself, but he later obtained approval from the VA to continue his treatment with Leal, who also treated other veterans. To maintain VA approval for continued treatment by Leal, Smart visited a VA office biannually for the next eight years. At each visit, he was escorted by one or two armed officers. In 2021 or 2022, Leal told Smart that he could no longer treat him because the VA had not paid Leal for Smart’s treatment during the preceding eight years. After obtaining leave, 1 Smart sued the United States under the FTCA for medical negligence. He claimed that the VA had breached its legal duty and the applicable standard of medical care by failing to recognize and treat his mental health conditions while requiring him to be escorted by _____________________ Case: 25-50120 Document: 64-1 Page: 3 Date Filed: 11/06/2025
[*2]No. 25-50120 armed officers who could have shot and killed him, 2 and by failing to ensure that he received necessary authorized mental health treatment. The United States moved to dismiss Smart’s medical negligence claim for lack of subject matter jurisdiction, arguing that the Veterans’ Judicial Review Act (VJRA) and the discretionary function exception to the FTCA precluded review of his mental health treatment and armed escort allegations, respectively, and that he failed to state a claim. A magistrate judge agreed and recommended that the motion be granted. Smart objected to the recommendation and moved to transfer the case out of the district, alleging that he would “not get a fair adjudication” of his claims because of his litigation history and the sanctions previously imposed on him. The district court dismissed Smart’s mental health treatment allegations for lack of subject matter jurisdiction and his armed escort allegations for failure to state a claim. It also construed his motion to transfer as a request for recusal and denied it. Smart timely appealed. II We review a district court’s dismissal under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject-matter jurisdiction de novo, applying the same standard as the district court. McLin v. Twenty-First Jud. Dist., 79 F.4th 411, 415 (5th Cir. 2023) (citing Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001)). We review a district court’s dismissal under Rule 12(b)(6) de novo, accepting all well-pleaded facts as true and _____________________ Case: 25-50120 Document: 64-1 Page: 4 Date Filed: 11/06/2025 Case: 25-50120 Document: 64-1 Page: 5 Date Filed: 11/06/2025 Case: 25-50120 Document: 64-1 Page: 6 Date Filed: 11/06/2025
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