Goldstein

Goldstein v. United States

Good Law
128 F. App'x 611
United States Court of Appeals for the Ninth CircuitApril 14, 2005No. 03-55884; D.C. No. CV-02-02347-CBMCalifornia525 words

Opinion

Lead Opinion

MEMORANDUM ***

Stewart Goldstein (“Goldstein”) appeals the district court’s dismissal of his action for “negligent termination” under the Federal Tort Claims Act (“FTCA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Reviewing the district court’s dismissal for lack of subject matter jurisdiction de novo, see Luong v. Circuit City Stores, Inc., 368 F.3d 1109 , 1111 n. 2 (9th Cir.2004), we conclude that Goldstein’s FTCA claim was precluded by the comprehensive remedial scheme governing Department of Veterans Affairs (‘VA”) employees. See Bush v. Lucas, 462 U.S. 367, 368 , 103 S.Ct. 2404 , 76 L.Ed.2d 648 (1983) (holding that where “claims arise out of an employment relationship that is governed by comprehensive procedural and substantive provisions giving meaningful remedies against the United States, ... it would be inappropriate ... to supplement that regulatory scheme with a new judicial remedy”); Berry v. Hollander, 925 F.2d 311, 315-16 (9th Cir.1991) (concluding that a VA doctor’s claim that he was ousted from his job in violation of the First and Fifth Amendments was precluded by the statutory scheme covering VA employees, including the protections…

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