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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...