United States DC Circuit

Summary judgment for defendant based on sovereign immunity, in case where plaintiff alleged a co-worker at the Smithsonian Institution assaulted her at work, is reversed as the district court erred in concluding that no reasonable jury could find that the co-worker's assault was outside the scope of her employment, which would allow a tort suit.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David C. Gray argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Alan Burch, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.