X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion. KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant James R. Singleton, a Captain in the Ohio Air National Guard, appeals from the decision of the district court granting Defendant-Appellee United States’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. In 1999, Singleton filed a complaint in Ohio state court against Thomas A. Hitzeman, a Major in the Ohio Air National Guard, alleging intentional infliction of emotional distress and defamation. A United States Attorney certified that Hitzeman was acting in the scope of his employment at the time of the alleged tortious conduct, and the government removed the case to the United States District Court for the Southern District of Ohio pursuant to the Westfall Act, 28 U.S.C. � 2679(d)(2). The government then moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(1), claiming that the district court did not have subject matter jurisdiction because the United States could not be sued for defamation and Singleton had not exhausted his administrative remedies under the Federal Tort Claims Act for intentional infliction of emotional distress. In August of 2000, the district court granted the government’s motion to dismiss, and Singleton timely appeals. For the following reasons, we AFFIRM the district court’s grant of the United States’ motion to dismiss.

I. BACKGROUND

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021
Virtual

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Register

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

PERSONAL INJURY ATTORNEYS FOR ESTABLISHED PLAINTIFFS' FIRM (ATLANTA, GA)

Atlanta, Georgia, United States

Our client, an established and extremely well-regarded high volume law firm, is seeking to add talented attorneys to their team.  Ideal...


Apply Now ›

SENIOR ASSOCIATE FAMILY LAW ATTORNEY FOR ESTABLISHED ATLANTA FIRM (Atlanta, GA)

Atlanta, Georgia, United States

Our client, an outstanding mid-sized Atlanta firm is seeking a Family Law Attorney to join their established Family Law Practice. Quali...


Apply Now ›

Intellectual Property Paralegal

Tampa, Florida, United States

A large manufacturing company that just moved its headquarters to Tampa is seeking a paralegal with 3+ years of Intellectual Property experi...


Apply Now ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/19/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/12/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›

BRAVERMAN KASKEY GARBER, PC

07/06/2021
TLI Web

Braverman Kaskey Garber thanks Pennsylvania Legal Awards for honoring our founder and managing partner, David L. Braverman, with the 2021 Lifetime Achievement Award.


View Announcement ›