Legal Opinion

Brown v. United States

District Court, E.D. Virginia

Decided March 8, 2013No. Case No. 1:13-cv-174PublishedCited by 3 opinions

1Opinion of the Court

*782 MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

In this removed defamation action against a Federal Bureau of Investigation (“FBI”) employee, the Government, invoking the Westfall Act,1 has been substituted as the party defendant on the ground that the acts complained of were within the scope of the individual defendant’s FBI employment. As the substituted defendant, the Government now seeks dismissal of this action on the ground that the Federal Tort Claims Act (“FTCA”)2 does not waive immunity for the acts alleged in the complaint. Plaintiff disputes the Government’s scope of employment…

2Cases cited12 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
  3. Commercial Business Systems, Inc. v. BellSouth Services, Inc.Supreme Court of Virginia · 1995
  4. Connie JAMISON, Plaintiff-Appellee, v. Jerry WILEY, Defendant-Appellant, United States of America, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1994
  5. Kensington Associates v. WestSupreme Court of Virginia · 1987

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3Cited by3 opinions

  1. Ameur v. GatesDistrict Court, E.D. Virginia · 2013
  2. Auckland v. Gilead Sciences, Inc.District Court, W.D. Virginia · 2025
  3. Jones v. SeilingDistrict Court, E.D. Virginia · 2020

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