Lamb

Lamb v. United States ex rel. Department of Defense-Defense Finance & Accounting Service

Good Law
50 F. App'x 871
United States Court of Appeals for the Ninth CircuitNovember 14, 2002No. 01-35791; D.C. No. CV-00-00126-LBECalifornia248 words

Opinion

Lead Opinion

MEMORANDUM **

Rick Lamb appeals the judgment entered by the district court dismissing his complaint with prejudice. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The conduct of the United States as alleged in the complaint, however far from commendable, constitutes a claim for defamation that is barred under 28 § U.S.C. 2860(h). See, e.g., Hoesl v. United States, 629 F.2d 586, 587 (9th Cir.1980) (determining that a plaintiff could not assert a negligence action based on a negligently conducted psychiatric examination and negligently prepared report in light of the *872 fact that plaintiffs “injury resulted from the use of the report by his supervisors” as opposed to negligent treatment based on an improper diagnosis) (emphasis added); Talbert v. United States, 932 F.2d 1064, 1066-67 (4th Cir.1991) (determining that allegation of government’s failure to use reasonable care in maintaining accurate personnel records was defamatory action in light of fact that the injury flowed from past or future communication of the content of the files); Moessmer v. United States, 760 F.2d 236, 237-38 (8th Cir.1985)…

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