Legal Opinion
Garcia v. United States
Court of Appeals for the Fifth Circuit
Decided August 25, 1995No. 92-08490PublishedCited by 30 opinions
1Per curiam
We sit en banc in this case to resolve two questions. First, we consider whether a certification by the Attorney General under the Westfall Act1 that a federal employee was acting within the scope of his employment at the time of an allegedly tortious act is subject to judicial review. Second, we must determine whether the source for the standard to determine scope of employment is state or federal law.
I
The plaintiffiappellant, Robert Garcia, brought this tort action because of injuries he sustained when his car was struck by a car driven by an employee of the Environmental Protection Agency…
2Cases cited24 opinions
- Hafer v. MeloSupreme Court of the United States · 1991
- Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
- Williams v. United StatesSupreme Court of the United States · 1955
- Melo v. HaferCourt of Appeals for the Third Circuit · 1990
- Sheila Arbour, Personal Representative of the Estate of Victor Arbour v. Eugene JenkinsCourt of Appeals for the Sixth Circuit · 1990
19 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
- John Doe and Jane Doe, as Next Friend of Sarah Doe v. Rains County Independent School District, Dana WhiteCourt of Appeals for the Fifth Circuit · 1995
- Williams v. United StatesCourt of Appeals for the Fifth Circuit · 1995
- Rodriguez v. SarabynCourt of Appeals for the Fifth Circuit · 1997
- Robert Garcia v. United StatesCourt of Appeals for the Fifth Circuit · 1996
25 more not listed; retrieve them via the Exa API.