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Mullen v. United States
Citation: 127 F. App'x 350Docket: No. 03-57204
Court: Court of Appeals for the Ninth Circuit; April 11, 2005; Federal Appellate Court
Steve Mullen appeals pro se the district court's summary judgment in his Federal Tort Claims Act (FTCA) case against Special Agent Jessie Avestro, alleging intentional infliction of emotional distress. The appellate court has jurisdiction under 28 U.S.C. § 1291 and conducts a de novo review. The court vacates and remands the case, emphasizing that under California law, disputes regarding whether conduct is sufficiently extreme and outrageous warrant a factual inquiry by a trier of fact. Mullen's claims extend beyond Avestro's perjury to include a broader pattern of extortion, harassment, and discrediting, supported by his declaration and those of witnesses with personal knowledge. The court notes that personal knowledge can be inferred from affidavits, referencing relevant case law. Considering the evidence in Mullen's favor, the court finds he has raised triable issues regarding the outrageousness of Avestro’s conduct, his recklessness, and the causation of Mullen's injuries. The court grants Mullen's request for reassignment to a different district judge upon remand, citing precedent for such action in FTCA cases. The decision concludes with the stipulation that both parties shall bear their own costs on appeal. The case is vacated and remanded with instructions for reassignment, and the disposition is not intended for publication or citation outside specific Ninth Circuit guidelines.