Roberts v. United States

OPINION

McKEAGUE, Circuit Judge.

Roberts is a Certified Registered Nurse Anesthetist who worked in the operating room of a Department of Veterans Affairs (“VA”) hospital in Tennessee. She sued five of her federal co-workers in state court, alleging various state tort claims against them. The Government removed the action to federal court. Over Roberts’s challenge, the district court substituted the Government as the party defendant because it found that the individual defendants 1 were acting within the scope of their employment and were therefore immune from suit under the Federal Employees…