ILNews

7th Circuit: Woman has claim for relief

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.

In Maureen Reynolds v. United States of America, No. 08-1634, Maureen Reynolds appealed the dismissal of her suit against the U.S. under the Federal Tort Claims Act. Reynolds worked as a security officer with General Security Services Corp. at the federal building in Indianapolis. She learned another security officer locked himself out on the roof naked and was let inside by another officer. She wrote up a report, but left out the fact the officer was naked because the nudity wasn't reported to her by the other two officers.

FPS investigated the incident, in which two FPS officers submitted an affidavit to the Marion County Prosecutor's Office that Reynolds had lied to them by not telling them about the nudity. Reynolds was acquitted of the charge but fired as a result of the criminal investigation.

Reynolds sued the U.S., claiming the FPS officers, acting in their official capacity as federal law enforcement officers, instigated a malicious prosecution that led to her termination.

The 7th Circuit Court of Appeals agreed with Reynolds that her suit shouldn't have been dismissed. The alleged misconduct of the FPS investigators doesn't fall outside of the FTCA's discretionary-function exception.

The District Court also incorrectly characterized the FPS investigators as contractors, thus not allowing Reynolds to sue the U.S. under the FTCA, wrote Judge Ilana D. Rovner.

The federal appellate court also disagreed with the District Court's reasoning to dismiss the suit because the FPS investigators' actions didn't entail any searches, seizures, or arrests. The District Court was incorrect in interpreting 28 U.S.C. Section 2680(h) as requiring a law enforcement officer to commit the intentional tort while executing a search, seizure, or arrest, the judge wrote.

The 7th Circuit Court of Appeals also found that Reynolds had stated a claim for relief under Indiana tort law.

"We do not, of course, vouch for the accuracy of Reynolds's allegations; our holding is merely that she has stated a claim for relief," she wrote. The federal appellate court vacated the lower court's ruling and remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT