No. 21-1290

Joseph Ferrari v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process federal-courts federal-tort-claims-act feres-doctrine immunity intentional-misconduct scope-of-employment
Latest Conference: 2022-05-19
Question Presented (from Petition)

1. Is lying by a US employee to undermine the boss outside the scope of employment and therefore prevents US substitution into a suit for the liar and the granting of the liar the US's immunity from suit?

2. Should the Feres doctrine immunity be changed to exclude this protection for intentional, malicious liars, thus guaranteeing due process protections for victims of liars in their suits?

3. Are the federal courts bound by the decision of the highest level of review in the military, precluding an evidentiary hearing under Westfall and Feres?

Question Presented (AI Summary)

Is lying by a US employee to undermine the boss outside the scope of employment and therefore prevents US substitution into a suit for the liar and the granting of the liar the US's immunity from suit?

Docket Entries

2022-05-23
Petition DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-04-25
Waiver of right of respondent United States to respond filed.
2022-03-22
Petition for a writ of certiorari filed. (Response due April 25, 2022)

Attorneys

Joseph Ferrari
William C. BudiganBudigan Law Firm, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent