Rosene Monfore v. United States of America Richard Lussier

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosene MONFORE, Plaintiff-Appellee, v. UNITED STATES of America; Richard Lussier, Defendants-Appellants. No. 93-55751. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided Feb. 16, 1995. Before: GIBSON, * HUG, and POOLE, Circuit Judges. 1 Memorandum ** 2 The Government appeals the district court's order denying substitution of the United States as the defendant and remanding Rosene Monfore's lawsuit against Richard Lussier to state court. For reversal, the Government contends: (1) that the Attorney General's certification conclusively established that Lussier was acting within the scope of his employment when the allegedly tortious conduct occurred; (2) that the district court erred in finding that Lussier was not acting within the scope of his employment; and (3) that this action is preempted by Title VII's remedies for sexual harassment in the work place. We have…