Palmer v. Flaggman

WISDOM, Circuit Judge:

In this ease, we decide whether under Texas law, a federal employee who acts as the “borrowed servant” of a private employer may simultaneously act within the scope of his federal employment in such a way as to make him immune from suit under the West-fall Act. Because we conclude that Texas law defining an individual’s scope of employment is a separable inquiry from Texas law regarding the ultimate liability of the individual’s employer, we find that a federal employee may obtain immunity under the West-fall Act, even while working as the borrowed servant of a…