Legal Opinion
Janet H. McHugh v. University of Vermont Christopher Wheeler James P. Alexander and United States of America (u.s. Army), Christopher Wheeler
Court of Appeals for the Second Circuit
Decided June 4, 1992No. 1694, Docket 91-6062PublishedCited by 75 opinions
1Opinion of the Court
WINTER, Circuit Judge:
This appeal involves the power of the United States to substitute itself as a defendant for a federal employee by certifying that acts of sexual and religious harassment allegedly committed by the employee were within the scope of his employment. Judge Parker held that Major Christopher Wheeler, United States Army, was acting outside the scope of his employment in committing the alleged acts and declined to substitute the United States and to dismiss the action against him, 758 F.Supp. 945. We affirm.
1. The Complaint and Substitution Motion
Janet H. McHugh was a secretary…
2Cases cited27 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Goldberg v. KellySupreme Court of the United States · 1970
- Hafer v. MeloSupreme Court of the United States · 1991
- Bell v. BursonSupreme Court of the United States · 1971
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
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3Cited by75 opinions
- Osborn v. HaleySupreme Court of the United States · 2007
- Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
- Mary COOK, Plaintiff-Appellant, v. ARROWSMITH SHELBURNE, INC., KDT Industries, Inc., and Clifton Lind, Defendants-AppelleesCourt of Appeals for the Second Circuit · 1995
- Connie JAMISON, Plaintiff-Appellee, v. Jerry WILEY, Defendant-Appellant, United States of America, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1994
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