Pesnell v. Arsenault

490 F.3d 1158 David PESNELL, Plaintiff-Appellant, v. Jeffrey ARSENAULT, a natural person acting under color of federal law; Janet R. Lintz, a natural person acting under color of federal law; Thomas P. Gallagher, a natural person acting under the color of federal law; Douglas J. Morgan, a natural person acting under color of federal law, Defendants-Appellees. No. 04-56721. United States Court of Appeals, Ninth Circuit. Submitted October 16, 2006. * Filed June 21, 2007. Ronald J. Tocchini and Jason M. Sherman, Tocchini & Associates PC, Roseville, CA, for the appellant. Robert I. Lester and Sharla Cerra, Assistant United States Attorneys, Los Angeles, CA, for the appellees. Appeal from the United States District Court for the Central District of California; Audrey B. Collins, District Judge, Presiding. D.C. No. CV-03-07533-ABC. Before: PROCTER HUG, JR., HARRY PREGERSON, and RICHARD R. CLIFTON, Circuit Judges. Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge CLIFTON. HUG, Circuit Judge. 1 This case involves the issue of when an action brought under the Federal Tort Claims Act ("FTCA") bars a later proceeding against the federal employees whose acts or…