Dickson v. Marino
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The Supreme Court reversed the order of the district court dismissing Plaintiff's complaint on the ground that his state common-law tort claims for slander and emotional distress were preempted by the federal Civil Reform Act (the Act), holding that the district court prematurely dismissed the case without the factual record needed to determine preemption.
While working at the Montana Veterans Administration Health Care System (Montana VA), Plaintiff had consensual sex with fellow employee Tori Marino. Marino reported that Plaintiff had sexually assaulted her and later recanted her allegation. Marino later told Plaintiff that two other employees of the Montana VA who served as a union president and union steward had told her to falsely accuse Plaintiff in order to avoid losing her job. Plaintiff filed a complaint against Marino, the two employees, and the union seeking damages for slander and emotional distress. The union defendants moved to dismiss the complaint, arguing that the Act preempted Dickson's state-law tort claims. The district court agreed, holding that the union defendants' conduct constituted a "prohibited personnel practice," and therefore, the Act preempted Plaintiff's claims. The Supreme Court reversed, holding that the district court erred in concluding on the allegations of Plaintiff's complaint alone that his claims were preempted by the Act.
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