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GUTIERREZ de MARTINEZ v. LAMAGNO

No. 94-167.

515 U.S. 417 (1995)

115 S.Ct. 2227

132 L.Ed.2d 375

GUTIERREZ de MARTINEZ et al. v. LAMAGNO et al.

Supreme Court of United States.

Decided June 14, 1995.

Attorney(s) appearing for the Case

Isidoro Rodriguez argued the cause and filed a brief for petitioners. Malcolm L. Stewart argued the cause for the federal respondents in support of petitioners pursuant to this Court's Rule 12.4. On the briefs were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Jeffrey P. Minear, Barbara L. Herwig, and Peter R. Maier.

Andrew J. Maloney III argued the cause and filed a brief for respondent Lamagno.

Michael K. Kellogg, by invitation of the Court, 513 U.S. 1010, argued the cause and filed a brief as amicus curiae urging affirmance.

Justice Ginsburg delivered the opinion of the Court, except as to Part IV.

When a federal employee is sued for a wrongful or negligent act, the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the Westfall Act) empowers the Attorney General to certify that the employee "was acting within the scope of his office or employment at the time of the incident out of which the claim arose. ...

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