Safford Aviation Service, Inc. v. United States

MEMORANDUM *

Doug and Andrea Benson and Safford Aviation (collectively “Appellants”) appeal the district court’s order dismissing their action for lack of subject matter jurisdiction under the Federal Tort Claim Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2671, 2680(h). Appellants claim that David Broadnax, an investigator for the Office of Aircraft Services (“OAS”), was not acting within the scope of his employment with the United States when he made certain allegedly defamatory statements three days following his transfer from the OAS *946 to the United States Forest Services (“USFS”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The Federal Employees Liability Reform and Compensation Act (“FELRTCA”) immunizes United States employees from liability if they commit “negligent or wrongful act[s] or omission[s] ... while acting within the scope of [their] office or employment.” Green v. Hall, 8 F.3d 695, 698 (9th Cir.1993) (citing 28 U.S.C. § 2679 (b)(1)). Certification by the Attorney General that the federal employee was acting within his scope of employment requires the substitution of the United States as the defendant in place of the employee, and leaves the…