Jeffrey A. Saul v. United States of America Ray Larsen Colleen St. Louis John Doe St. Louis

Today we consider what remedies are available to a federal employee who has work-related differences with his supervisors. Specifically, we decide whether a federal employee may use either a constitutional or a common law tort theory to sue his supervisors over disputes growing out of his employment.

BACKGROUND

Jeffrey Saul worked for the Social Security Administration (SSA) in Seattle as a Claims Representative. He also served as a union representative for the American Federation of Government Employees (AFGE). His supervisors at the SSA included Ray Larsen, an Area Director, and Colleen St. Louis, Saul’s immediate supervisor.

Saul sued Larsen and St. Louis in state court, charging constitutional and common law torts. He alleged that St. Louis had seized and opened personal mail addressed to him at the office, thereby violating his constitutional rights and invading his privacy. He further alleged that Larsen had twice defamed him and that both supervisors had tortiously inflicted emotional distress upon him.

The defendants removed to federal district court by invoking 28 U.S.C. § 1442 (a)(1). They convinced the district court that they were entitled to absolute immunity…