Manivannan v. United States Department of Energy, No. 20-3463 (3d Cir. 2022)

Manivannan asserts he is one of the leading materials scientists in the United States. He was hired by the federal Department of Energy (DOE) in 2005 and assigned to the National Energy Technology Laboratory. “Conflict best defined Manivannan’s time at the DOE”. He resigned following allegations of disturbing actions taken against an intern, with whom Manivannan allegedly had a sexual relationship. The allegations prompted an internal investigation and a state criminal prosecution for stalking.

Manivannan has since filed several lawsuits relating to those events, including this action under the Privacy Act, 5 U.S.C. 552a, and the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 2671–80, based on the agency’s disclosure of records to state prosecutors, its alleged negligence in conducting the internal investigation, and its refusal to return his personal property. A Magistrate dismissed those claims as precluded by the Civil Service Reform Act (CSRA), 5 U.S.C. 1101 because they arose in the context of Manivannan’s federal employment. The Third Circuit reversed in part; a narrower inquiry is required. Under this inquiry, much of the conduct challenged by Manivannan, such as the internal investigation, still falls within the CSRA’s broad purview, but some conduct, such as the refusal to return property and cooperation in the state prosecution, does not.