United States First Circuit

In a suit brought under Bivens and the Federal Tort Claims Act (FTCA) alleging that the defendants engaged in a conspiracy to violate his constitutional rights and created a hostile work environment, dismissal of plaintiff's suit is affirmed where plaintiff's status as a commissioned officer of the Public Health Service (PHS) bars his suit.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

• HOWARD, Circuit Judge., Before TORRUELLA and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Julio C. Alejandro Serrano, with whom Nicolas Nogueras, Jr., and Nicolas Nogueras Law Office were on brief, for appellants.


• For Appellees:
  
• Germán A. Rieckehoff, Assistant United States Attorney, with whom Rosa E. Rodríguez-Vélez, United States Attorney, and Nelson Pérez Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.