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7th Circuit: Woman has claim for relief

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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.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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