Gerald J. Hoesl v. United States of America, Dr. David Allen Kasuboski

The plaintiff was suspended and subsequently fired from his position as a civilian naval engineer on the basis of a report written by Dr. Kasuboski, a Navy psychiatrist. The plaintiff alleges that the report was based on a negligently conducted psychiatric examination and was negligently prepared. He appealed to the Civil Service Commission, which reinstated him and awarded him some back pay. Hoesl later filed this action against Dr. Kasuboski and the United States, seeking the remainder of his lost pay, the costs of his civil service appeal, and damages for mental anguish and injury to his reputation. The district court dismissed the case, holding that the action was properly characterized as a defamation action. The court dismissed the action against the United States because it is immune from libel and slander suits under 28 U.S.C. § 2680 (h) (1976). The court dismissed the action against Dr. Kasuboski because his report is privileged under the federal common law. We affirm.

The plaintiff contends that the law of defamation is inapplicable because his case is based on the claim that Dr. Kasuboski negligently conducted the psychiatric examination. We reject plaintiff’s…