The Jama plaintiffs contend that this agreement simply settled their RFRA claims against the United States and the property-loss claims of five of these plaintiffs against the United States and did not settle their multiple claims against the INS officials.
The Federal Tort Claims Act (FTCA), 28 U.S.C. � 2672, provides:
The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.
The FTCA is a jurisdictional statute permitting a suit against the United States on a limited category of tort claims. Nontort claims are covered by the settlement agreement. The fact that the settlement agreement includes tort claims triggers the application of � 2672. Once � 2672 has been implicated, it applies to all claims that have arisen out of the “same subject matter.” All claims are now barred as against the INS or its officials because they each arose out of the same conduct by the INS officials and are by reason of the same subject matter.
In light of the foregoing, the motions of the INS officials for summary judgment will be granted.
Esmor facility administrator Willard Stovall, joined by the other defendants, argues that all of the Jama plaintiffs’ claims are barred by the dismissal and settlement of their FTCA claims against the United States. Stovall contends that he, and the other Esmor employees, were “employees of the government” and, consequently, entitled to the same protection against further suit as that enjoyed by the INS officials.
Stovall notes, accurately, that the settlement of plaintiffs’ property claims, pursuant to � 2672 of the FTCA, effects a “complete release” of “any claim” related to the settled claim against any employee of the government. Stovall further notes that the FTCA, at � 2671, defines “employee of the government” in pertinent part as follows:
“Employee of the government” includes officers or employees of any federal agency . . . and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation.
