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P. Brian Brumfield v. Sherri Sanders Michelle Shadday Brenda Derr-Blakeney M. Jane Huff Carla Meyers United States of America

Citations: 232 F.3d 376; 2000 U.S. App. LEXIS 28954; 2000 WL 1705581Docket: 00-3275

Court: Court of Appeals for the Third Circuit; November 13, 2000; Federal Appellate Court

Narrative Opinion Summary

This case involves a federal employee, the plaintiff, who filed a civil suit in state court against five fellow federal employees, asserting state tort claims including conspiracy, intentional tort, abuse of process, and defamation, arising from statements made during a federal investigation into his conduct. The defendants successfully removed the case to federal court under 28 U.S.C. § 1442(a)(1), and the United States substituted itself as the defendant under the Westfall Act, arguing that the individuals acted within their employment scope. The District Court dismissed the plaintiff's complaint, denying additional discovery on the scope of employment and citing the defendants' actions as within their official duties. On appeal, the plaintiff contested the scope of employment determination and the denial of discovery. However, the appellate court upheld the dismissal, affirming that under Pennsylvania law and the Restatement (Second) of Agency, the defendants' actions were within the scope of employment. Additionally, the court found that the plaintiff's claims were precluded by the Federal Tort Claims Act's defamation exception, as they effectively constituted defamation claims. Consequently, the appellate court affirmed the District Court's dismissal of the complaint, awarding costs to the appellant.

Legal Issues Addressed

Denial of Discovery Requests

Application: The plaintiff's request for additional discovery on the scope of employment was denied as it contradicted the Westfall Act's intent and he already engaged in substantial discovery.

Reasoning: The District Court denied the plaintiff's request for additional discovery, noting that he had already engaged in extensive discovery regarding the defendants' employment scope in a related MSPB proceeding.

Federal Tort Claims Act and Defamation Exception

Application: The plaintiff's defamation and related claims were barred under the FTCA's defamation exception.

Reasoning: The appeal does not require speculation on this point, as the Federal Tort Claims Act (FTCA) prohibits actions against the United States for defamation and related claims.

Removal to Federal Court under 28 U.S.C. § 1442(a)(1)

Application: The case was properly removed to federal court as it involved federal employees acting in their official capacity.

Reasoning: The defendants removed the case to the U.S. District Court for the Middle District of Pennsylvania under 28 U.S.C. § 1442(a)(1), allowing federal officers to transfer such cases to federal court.

Scope of Employment under Pennsylvania Law

Application: The court determined that the defendants' actions were within the scope of their employment based on Pennsylvania's adherence to the Restatement (Second) of Agency.

Reasoning: The state adheres to the Restatement (Second) of Agency, which defines conduct 'within the scope of employment' based on three criteria.

Westfall Act and Substitution of United States as Defendant

Application: The United States was substituted as the defendant, as the individual defendants were deemed to have acted within the scope of their employment.

Reasoning: The United States then invoked the Westfall Act to substitute itself for the individual defendants, claiming they acted within the scope of their employment.