Salazar v. United States

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert P. SALAZAR, a married man, Plaintiff-Appellant, v. UNITED STATES of America, United States Department of Justice, Richard Thornburgh, Attorney General of the United States, K. Michael Moore, in his official capacity as Director, United States Marshal Services, Defendants-Appellees. No. 92-16671. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1994. Decided July 13, 1994. 1 Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge 1 . MEMORANDUM 2 2 Robert Salazar filed a complaint under the Federal Tort Claims Act, 28 U.S.C. 2671-et seq., against the United States of America, the Department of Justice, Richard Thornburgh and K. Michael Moore. His sole cause of action is intentional infliction of emotional distress. The District Court dismissed for lack of jurisdiction, finding that Salazar's claim was preempted by the Civil Service Reform Act of 1978. Salazar…