United States DC Circuit

In a Uniformed Police Branch sergeant's defamation complaint against co-workers, the district court erred in treating a Westfall Act certification (that a federal employee was acting in the scope of employment) as dispositive, rather than allowing discovery and a hearing on the issue.

Appellate Information

• Argued 04/08/2003
• Decided 05/06/2003
• Published 05/06/2003

Judges

• Before:  ROGERS and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard Carnell Baker argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Beverly M. Russell, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.