United States Sixth Circuit

Allegations that government supervisor attempted to have employee removed from his job, filed false and degrading reports against him, and punished him for pursuing his legal rights are insufficient to rebut the presumption that the supervisor was acting within the scope of his employment under the Westfall Act, 28 USC 2679(d)(2).

Appellate Information

• Argued 10/09/2001
• Decided 01/22/2002
• Published 01/22/2002

Judges

• Before:  JONES and MOORE, Circuit Judges;  HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Richard B. Reiling (argued and briefed), Walsh, Harrison & Reiling, Dayton, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Pamela M. Stanek, Asst. U.S. Atty., Dayton, OH, Robert S. Greenspan (briefed), H. Thomas Byron III (argued and briefed), U.S. Department of Justice, Civil Rights Division, Washington, DC, for Defendant-Appellee.