Ruff v. Runyon

OPINION AND ORDER

GWIN, District Judge.

This action arises under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671 et seq. On August 24, 1998, Defendant United States of America filed its second motion to dismiss this action [Doc. 53]. 1 In its motion, the defendant argues that this Court does not have jurisdiction to consider plaintiffs’ claims for intentional infliction of emotional distress, malicious prosecution, and abuse of process. Defendant United States contends the claims are preempted by the Federal Employees Compensation Act (“FECA”), 5 U.S.C. §§ 8101 et seq.

While this motion…