United States Supreme Court

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Osborn v. Haley, 05-593

In the context of the Westfall Act, which accords federal employees absolute immunity from tort claims arising out of acts undertaken in the course of their official duties, the Attorney General's scope-of-employment certification is conclusive for purposes of removal. Once certification and removal are effected, exclusive competence to adjudicate the case resides in the federal court, and that court may not remand the suit to the state court. Also, Westfall Act certification is proper when a federal officer charged with misconduct asserts, and the Attorney General concludes, that the incident or episode in suit never occurred.

Appellate Information

  • Decided 01/22/2007
  • Published 01/22/2007

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  • United States Supreme Court

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