Klaus Robert Degen Celia Degen v. Edward L. Tharp, and Jane Doe Tharp, Husband and Wife and Their Marital Community

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Klaus Robert DEGEN; Celia Degen, Plaintiffs-Appellants, v. Edward L. THARP, and Jane Doe Tharp, husband and wife and their marital community, Defendants-Appellees. No. 92-35390. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Dec. 28, 1993. 1 Before: GOODWIN and HUG, Circuit Judges, and McKIBBEN, * District Judge. 2 MEMORANDUM ** 3 The issue in this case is whether the district court properly found that Edward Tharp, a government employee, was absolutely immune from the Degens' tort action, because Tharp was acting within the scope of his employment when he committed the actions that allegedly caused injury. We have jurisdiction to review the district court's dismissal of this action for lack of subject matter jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. I. 4 The Federal Employees Liability Reform and Tort Compensation Act, 28 U.S.C. Sec. 2679 (1988),…