Edward I. Arthur v. United States of America, Acting by and Through the Veterans Administration, and Barbara Battalino, D.O., an Individual
Opinion
Opinion
Nelson, J.
OVERVIEW
Barbara Battalino, D.O., a former federal employee, appeals the district court’s denial of her motion to expand the scope of employment certification and dismiss her as a party, pursuant to the Federal Employees Liability Reform and Tort Compensation Act (FELRTCA), in a tort action brought against her and the Veterans Administration (VA) by Edward Arthur. Dr. Battalino contends that the scope certification should be expanded to reflect that she was acting within the scope of her employment as a Veterans Administration clinical psychiatrist as to all claims in Mr. Arthur’s complaint. Mr. Arthur alleges that he was sexually abused and harassed by Dr. Battalino in the course of his psychiatric treatment. We vacate the district court’s order and remand the case for further proceedings.
BACKGROUND AND PROCEEDINGS
During the summer of 1991, Mr. Arthur was receiving out-patient psychiatric care through the VA in Boise, Idaho. In addition to engaging in therapy with a VA clinical psychologist, Mr. Arthur also consulted with Dr. Battalino concerning his medications. This lawsuit arises out of Dr. Battalino’s alleged sexual harassment and abuse of Mr. Arthur.