Derek A. Ross v. Vincent R. Bryan

Affirmed in part, vacated in part, and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG and Judge SEYMOUR concurred.

OPINION

WIDENER, Circuit Judge.

Defendant Vincent R. Bryan, a First Lieutenant in the Marine Corps, appeals the district court’s order denying the United States’ motion to substitute the United States as the party defendant in this case and remanding the case to state court. Because we agree with the district court’s finding that Bryan was not acting within the scope of his employment at the time of the accident in question, we affirm its order…