Antwine v. Newbegin, No. 1:2018cv00706 - Document 14 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 9/12/2018. (aott, c/m 9/14/2018)
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Antwine v. Newbegin Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ARTHUR H.ANTWINE, Plaintiff, Case No. 1:18-cv-706-LO-JFA V. UNITED STATES, Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant United States' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Dkt. No. 7. Defendant asserts the Court lacks jurisdiction over this case because Plaintiffs claims are barred under the Federal Tort Claims Act("FTCA")and the Civil Service Reform Act("CSRA"). Plaintiff contends his claims are not barred because his supervisor was acting beyond the scope of her employment when she reported him for sexual misconduct. The Court grants Defendant's motion to dismiss and dismisses Plaintiffs claims against Defendant with prejudice. I. Background Arthur Antwine, proceeding pro se, is an employee ofthe United States Postal Service. In September 2017, Antwine's supervisor, Jennifer Newbegin, reported him for "workplace sexual assault." Dkt. No. 1.11. Antwine alleges this report constituted defamation and resulted in financial hardship, marital stress, and loss ofincome. Dkt. No. 1, Ex. A. Antwine filed a warrant in debt in Stafford County General District Court on February 9, Dockets.Justia.com
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