Legal Opinion
Theresa H. Wood v. United States of America, Charles D. Owens, Theresa H. Wood v. United States
Court of Appeals for the First Circuit
Decided April 28, 1993No. 91-1323, 91-1324PublishedCited by 46 opinions
1Opinion of the Court
OPINION EN BANC
BREYER, Chief Judge.
The Westfall Act provides a federal employee with immunity from an ordinary tort suit if the suit arises out of acts performed “within the scope of’ the defendant employee’s “office or employment.” The immunity attaches when the Attorney General files with the court a certificate stating that
the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose.
28 U.S.C. § 2679(d)(1) (emphasis added). Upon filing this certificate, the Attorney General can remove the case to federal court (if it…
2Cases cited41 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
36 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
- Osborn v. HaleySupreme Court of the United States · 2007
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
- Marilyn A. Kimbro v. Dolores Velten, Department of Veterans Affairs, and United States of AmericaCourt of Appeals for the D.C. Circuit · 1994
- Melo v. HaferCourt of Appeals for the Third Circuit · 1994
41 more not listed; retrieve them via the Exa API.