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Green v. Hinds

Westfall Act Certification That Defendants Acted in Scope of Employment Was Proper

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MEMORANDUM & ORDER Presently before the Court are objections by plaintiff Bradley E. Green (“Green” or Plaintiff”) to the Report and Recommendation, dated December 10, 2018 (“R&R”), of Magistrate Judge Arlene R. Lindsay recommending that the motion to dismiss by Defendants Sean Caddell (“Caddell”), Tricia Daniels (“Daniels”), Paul Hinds (“Hinds”), Denise Moore (“Moore”), Carol Musokotowane (“Musokotowane”), Pam Phelan (“Phelan”), and Shane Reese (“Reese”) (collectively ” USPS Defendants”)1 be granted. For the reason set forth below, the Court adopts the R & R of Judge Lindsay and grants the USPS Defendants’ motion to dismiss.BACKGROUNDI. Factual BackgroundThe following factual allegations are taken from the complaint (“Compl.”).Plaintiff commenced this action “to recover damages for defamation and intentional infliction of emotional distress caused by the Defendants’ false and malicious attacks against Plaintiff, who was a longtime and well-respected employee of the United States Postal Service (the “USPS”) before the Defendants’ smear campaign led directly to his termination.” (Compl. 1.) After a promotion in October 2015 to the position of Supervisor of Customer Relations, Plaintiff was transferred to the Brentwood Post Office, where Defendant worked, with the mission to clean up that branch. (Id. 2.) Defendants “resented Plaintiff’s mission and feared what it might reveal about their conduct, so they conspired to stop Plaintiff at all costs, and concocted a scheme designed to destroy Plaintiff’s reputation, career and life.” (Id. 3, see also id. 28.) As part of this plan, Defendants “invented and circulated vicious rumors, falsely claiming both orally and in writing that Plaintiff had said and/or done vile racist, sexist, or otherwise extremely offensive and illegal things.” (Id. 4; see id.

28-72.) Brown, “a Financial Secretary of the National Association of Letter Carriers and former employee of the USPS,” is claimed to be the driving force behind this campaign. (Id.

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