United States Sixth Circuit

When a tort suit against a federal employee is filed in state court, and the Attorney General certifies that the employee was acting within the scope of his employment and removes the case pursuant to the Westfall Act, the district court has no authority to remand the case on the ground that the Attorney General's certification was erroneous.

Appellate Information

• Decided 09/08/2005
• Published 09/08/2005

Judges

• Before:  MOORE and COOK, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• ON BRIEF:  Peter R. Maier, Barbara L. Herwig, United States Department of Justice, Washington, D.C., C. Thomas Miller, J. Duncan Pitchford, Whitlow, Roberts, Houston & Straub, Paducah, Kentucky, for Appellants.   Pat Osborn, Murray, Kentucky, pro se.