Booten v. United States

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

The Defendant’s Motion for Protective Order barring deposition testimony concerning the acts or omissions of Dr. Thomas Rocco requires the Court to address an unusual set of circumstances involving the Federal Employees Liability Reform and Tort Compensation Act of 1988, 28 U.S.C. § 2679 (2000) (“the Westfall Act”). Because the Court rules that under the West-fall Act a plaintiff may not contest a United States Attorney’s refusal to certify that a defendant employee of the federal government was acting within the scope of his office or…