United States Second Circuit

In a personal injury suit Federal Tort Claims Act (FTCA), 28 U.S.C. sections 1346(b) and 2671‐80, and New York law, against a federal government employee, who borrowed a government‐owned motor vehicle at the end of his workday without first obtaining explicit permission to do so and was involved in an accident with plaintiff, the District Court's dismissal of all claims against the government for lack of subject jurisdiction and refusal to exercise supplemental jurisdiction over the remaining state‐law claims against the employee, after finding that the employee was not acting within the scope of his employment at the time of the accident, are reversed where although such a finding would warrant dismissal in an action under the FTCA, dismissal was premature here in light of an unresolved factual dispute over whether the employee used the vehicle with implied permission.

Appellate Information

• Published 2016/09/23

Judges

• SACK

Court

• United States Second Circuit

Counsel