Theresa Dayton v. State of Alaska

MEMORANDUM

The state of Alaska appeals from the district court’s remand of Theresa Dayton’s action against Alaska to state court. We have jurisdiction to hear appeals of remand orders under 28 U.S.C. § 1291 if the case was removed pursuant to 28 U.S.C. § 1442 . 28 U.S.C. § 1447 (d). We also have jurisdiction to review the district court’s remand order since the Attorney General filed a Westfall Certification in this case. Osborn v. Haley, 549 U.S. 225, 243 , 127 S.Ct. 881 , 166 L.Ed.2d 819 (2007). The State of Alaska’s notice of appeal is timely as it was filed within thirty days of the district court’s order denying Alaska’s Rule 60(b) motion. F.R.App.P. (4)(a)(l)(A). We reverse the district court’s remand order.

The Westfall Act “accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties.” Id., at 229 , 127 S.Ct. 881 . If a federal employee is sued for wrongful or negligent conduct, the Westfall Act grants the Attorney General the power “to certify that the employee ‘was acting within the scope of his office or employment at the time of the incident out of which the claim arose.’ ” Id. at…