Kashin

Appellant, Douglas Barry Kent, is a senior foreign service officer seeking to avoid exposure to personal liability for an automobile accident that occurred in Russia while he was driving home from work in his personal vehicle. Kent sought certification from the Department of Justice that he was acting within the scope of employment at the time of the accident, which, if granted, would substitute the United States for Kent as the defendant in the action. The Department of Justice refused to grant the certification. Kent also petitioned the district court for certification. The district court, applying the Restatement (Second) of Agency, concluded that Kent was not acting within the scope of employment, and denied Kent’s petition for certification.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse. We conclude in this interlocutory appeal that District of Columbia law governs the question of whether Kent was acting within the scope of employment. Applying District of Columbia law, we hold that Kent was acting within the scope of employment when he was involved in the automobile accident. We therefore grant Kent’s petition for certification.

I

In October 1998,…