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Singleton v. United States

The district court's judgment granting the government's motion to dismiss a suit brought by a captain in the Ohio Air National Guard affirmed; the court correctly held that it did not have jurisdiction over the captain's defamation claim, and although, under Ohio law, he could have brought an intentional infliction of emotional distress claim against a private individual, he did not first present the claim to the appropriate federal agency.

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The full case caption appears at the end of this opinion. KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant James R. Singleton, a Captain in the Ohio Air National Guard, appeals from the decision of the district court granting Defendant-Appellee United States’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. In 1999, Singleton filed a complaint in Ohio state court against Thomas A. Hitzeman, a Major in the Ohio Air National Guard, alleging intentional infliction of emotional distress and defamation. A United States Attorney certified that Hitzeman was acting in the scope of his employment at the time of the alleged tortious conduct, and the government removed the case to the United States District Court for the Southern District of Ohio pursuant to the Westfall Act, 28 U.S.C. � 2679(d)(2). The government then moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(1), claiming that the district court did not have subject matter jurisdiction because the United States could not be sued for defamation and Singleton had not exhausted his administrative remedies under the Federal Tort Claims Act for intentional infliction of emotional distress. In August of 2000, the district court granted the government’s motion to dismiss, and Singleton timely appeals. For the following reasons, we AFFIRM the district court’s grant of the United States’ motion to dismiss.

I. BACKGROUND

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