United States Sixth Circuit

Dismissal of tort claims against the US and Bivens and common law conspiracy claims against individual defendants is affirmed where: 1) the individual federal defendants were employed by the federal government to investigate and prosecute cases, and thus, even if they acted improperly or maliciously in investigating or prosecuting plaintiff, as he alleged, they were still within the scope of their employment; 2) Westfall Act certification was proper, as was the dismissal of common law claims against individual federal defendants as being governed by the Federal Tort Claims Act; and 3) the statute of limitations expired on Bivens claims.

Appellate Information

• Decided 01/28/2008
• Published 01/28/2008

Judges

• Before: ROGERS and SUTTON, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  James L. Harris, Law Offices, Nashville, Tennessee, for Appellant.  Jenny Lynn Smith, Assistant United States Attorney, Birmingham, Alabama, for Appellees.