Joseph J. Proietti v. Benjamin R. Civiletti, Attorney General of the United States

The appellant Proietti appeals from an adverse judgment entered by the District Court, based upon the court’s conclusion that Edward H. Levi, the then Attorney General of the United States, did not abuse his discretion in finding that Proietti, a serviceman with the rank of sergeant, was acting outside the scope of his Air Force employment and was, therefore, not entitled to United States Government representation in defending an action for personal injury and property damages in a California-State Court. We reverse.

This litigation arose out of an automobile accident that occurred on October 12, 1970, on March Air Force Base in San Bernardino, California. While driving his personally owned automobile within the confines of the Base, Proietti was involved in a two-car accident. Lilly A. Nakatani, an occupant of the second car, suffered damages from the collision.

At the time of the accident, Proietti was in uniform, and he asserts that he was engaged in his official duties. Proietti’s duties included the completion of Air Force examination forms, and a part of this job involved the obtaining of information from the Base hospital, located about one mile from Proietti’s duty…