Bennett v. Barnett

ROBERT M. PARKER, Circuit Judge:

This case arises out of an internal investigation by the United States Postal Service of an altercation between two postal workers. Plaintiff-Appellants sought damages for constitutional violations against individual federal employees pur suant to Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and against the United States under the Federal Tort Claims Act (“FTCA”). The district court dismissed the Bivens claims as pre-empted by the plaintiffs’ collective bargaining agreements and held a trial on the FTCA claims of…