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P sued D for medical malpractice and wrongful death, under 42 U.S.C. § 1983 and the Federal Tort Claims Act ('FTCA'), 28 U.S.C. § 1346. The district court granted D's motions to dismiss under Federal Rule of Civil Procedure 12(b)(1) after concluding that it lacked jurisdiction. The district court concluded that it lacked subject matter jurisdiction because P's 'claims have no plausible foundation.' P appealed.

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