Tubesing v. United States, No. 15-30347 (5th Cir. 2016)
Annotate this CasePlaintiff, employed within the CDC in a bio-terrorism preparedness program, filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b) and 2671 et seq., alleging that his employers’ actions constituted numerous torts, including fraud and intentional infliction of emotional distress. Plaintiff claimed that he was terminated in retaliation for reporting perceived public health threats. The district court granted the government's motion to dismiss under Rule 12(b)(1), finding that it lacked subject-matter jurisdiction based upon its conclusion that plaintiff’s FTCA claims were precluded by the Civil Service Reform Act of 1978, 5 U.S.C. 1101 et seq. The court agreed with the district court and concluded that the CSRA provides plaintiff's sole remedy against his employer because he is a federal employee, and due to the nature of his employment-related claims. Accordingly, the court affirmed the district court's judgment.
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