Norman Castillo, D.O. v. United States

Norman Castillo appeals from the district court’s grant of summary judgment dismissing his suit against the United States brought under the Tucker Act, 28 U.S.C. § 1346 (a)(2). Castillo seeks reimbursement for attorney’s fees and costs that he incurred when he retained private counsel to defend him in a matter that arose within the scope of his employment contract with the United States. Because we agree with the district court’s finding that Castillo has no basis for recovery under the Tucker Act, we affirm.

I

The National Health Service Corps (“NHSC”), an agency of the United States, had an agreement with the University of Arizona College of Medicine and the Benson Health Services Corporation whereby the NHSC provided two physicians for service in Benson, Arizona. Pursuant to the agreement, the NHSC sent Castillo to Benson in 1974 to serve as a staff physician at the Benson Hospital.

In December 1975, Castillo became a member of the peer review committee that certified physicians for staff privileges at the Benson Hospital. While serving as a member of the committee, Castillo concurred with the other committee members in imposing restrictions on the surgical practice of Dr.…