United States First Circuit

Dismissal of an action by a Navy attorney and his wife against the Navy alleging negligent and intentional infliction of emotional distress and loss of consortium, service, and marital society is affirmed over plaintiffs' arguments that: 1) the attorney was an independent contractor and not a federal employee for purposes of the Federal Employees Compensation Act, and that this issue of status is for the court to determine; and 2) the Federal Tort Claims Act is the appropriate vehicle for claims of emotional damages absent physical injuries.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wendy Sibbison on brief for appellants.


• For Appellees:
  
• Jonathan H. Levy, Attorney, Appellate Staff, Civil Division, Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Mark B. Stern, Attorney, Appellate Staff, Civil Division, on brief for appellee.