United States DC Circuit

An order denying a motion to dismiss portions of a complaint brought by a former employee against the CIA and its director seeking damages for psychological injury stemming from his shooting while on assignment is reversed where the Federal Employees' Compensation Act barred plaintiff's Tort Claims Act claim, and he failed to exhaust his administrative remedy as to a Rehabilitation Act claim.

Appellate Information

• Argued 03/03/2006
• Decided 05/05/2006
• Published 05/05/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan H. Levy, Attorney, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Mark B. Stern, Attorney.


• For Appellees:
  
• Roy W. Krieger argued the cause for appellee.   With him on the brief was Mark S. Zaid.