John P. Mack v. United States of America, Federal Bureau of Investigation, Defendants

MAHONEY, Circuit Judge:

Plaintiff appeals from a final judgment granting summary judgment in favor of defendants. The district court, 653 F.Supp. 70 (S.D.N.Y.1986), held that the United States was immune from suit and that plaintiff had failed to state a claim upon which relief could be granted.

Background

This case arose out of appellant’s dismissal as a special agent of the Federal Bureau of Investigation (“F.B.I.”) due to alleged use of cocaine and lack of candor in his statements to the F.B.I. regarding that use. On July 13,1983, appellant was interviewed by an F.B.I. superior concerning…