857 F. Supp. 2d 158
D.D.C.2012Background
- Plaintiff Elizabeth V. Jackson alleges defamation by three USPS employees about a coworker, Ellis-Hemby.
- The claim was filed in DC Superior Court and later removed to federal court after Westfall Act certification.
- Attorney General certified the USPS employees acted within scope of employment, triggering removal and substitution of the United States as defendant.
- Plaintiff opposed removal and challenges to the scope-of-employment certification are noted but not clearly established.
- Court must decide on Westfall Act scope, FTCA jurisdiction, and related exhaustion and service issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Westfall Act certification defeats FTCA jurisdiction. | Jackson challenges scope-of-employment coverage for liability. | United States argues certification is conclusive for removal and within scope. | Certification conclusive for removal; no challenge successful. |
| Whether FTCA waives sovereign immunity for defamation claims. | Jackson seeks damages against United States for defamation. | FTCA excludes libel/slander claims against United States. | FTCA does not waive immunity for defamation. |
| Whether exhaustion of administrative remedies is required under FTCA. | Jackson presumably exhausted or not required to? (not asserted). | Exhaustion mandatory before filing suit; absence requires dismissal. | Plaintiff failed to exhaust administrative remedies; dismissal appropriate. |
| Whether court has subject matter jurisdiction over FTCA claims. | FTCA jurisdiction exists for United States tort claims. | FTCA lacks jurisdiction for defamation and exhaustion fails. | No FTCA jurisdiction; claims dismissed for lack of subject matter jurisdiction. |
| Whether personal jurisdiction issues should be addressed given lack of subject matter jurisdiction. | N/A | If no jurisdiction, personal jurisdiction need not be reached. | Not reached due to lack of subject matter jurisdiction. |
Key Cases Cited
- Wuterich v. Murtha, 562 F.3d 375 (D.C. Cir. 2009) (Westfall Act certification is prima facie evidence of scope)
- Epps v. U.S. Atty Gen., 575 F. Supp. 2d 232 (D.D.C. 2008) (exhaustion mandatory prerequisite to FTCA suit)
- Benoit v. U.S. Dept. of Agriculture, 608 F.3d 17 (D.C. Cir. 2010) (FTCA as limited waiver; no damages for certain torts)
- McNeil v. United States, 508 U.S. 106 (U.S. 1993) (exhaustion prerequisite under FTCA)
- Gardner v. United States, 213 F.3d 735 (D.C. Cir. 2000) (defamation claims barred from FTCA)