John Misany v. United States

The plaintiff, John Misany, challenges the district court decision dismissing his complaint for damages brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680. The plaintiff alleges that the Department of the Army is liable for damages resulting from his lost employment opportunity with the United States Army Reserve allegedly caused by the Army’s failure to forward his personnel records to the prospective employer. The district court held that the claim was barred by 28 U.S.C. § 2680(h), which precludes recovery under the FTCA for “[a]ny claim arising out of ...…