Walter J. Mundy, Jr. v. United States

Introduction

The appellant, Walter Mundy, claims that he was fired from his job because of negligence on the part of the United States Government. He brought suit against the Government under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 , 2671-2680 (1988). The District Court granted the Government’s motion to dismiss, and Mun-■dy appeals. We reverse.

Factual and Procedural Background

Mundy was employed by Northrop Corporation (Northrop), and held a security clearance granted by the Government. When Northrop requested a higher security clearance for Mundy to permit him to work on a new project, the Government denied the request without explanation.

Mundy alleges that Northrop then fired him because he was unable to obtain the higher security clearance. Mundy later received his Government security clearance file and found nothing derogatory that would explain the denial. The Government also maintained a security file on Mundy’s wife. When Mundy examined his wife’s file, he discovered a Federal Bureau of Investigation (FBI) report that belonged in his file and would have resulted, he alleges, in approval of his security clearance request.

Mundy filed an FTCA claim which…