Orsay v. United States Department of Justice

Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge D.W. NELSON.

HUG, Circuit Judge.

Deputy United States Marshals David Orsay and Michael Smith (collectively “Appellants”) appeal the district court’s dismissal of their claims under the Privacy Act, 5 U.S.C. § 552a, and the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (“FTCA”). The district court held that it lacked subject matter jurisdiction to resolve the claims, which the court found preempted by the Civil Service Reform Act (“CSRA”), codified in various sections of Title 5 of the United States Code. The district…