No. 21-1290

Joseph Ferrari v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process federal-courts federal-tort-claims-act feres-doctrine immunity intentional-misconduct scope-of-employment
Key Terms:
DueProcess
Latest Conference: 2022-05-19
Question Presented (AI Summary)

Is lying by a US employee to undermine the boss outside the scope of employment and therefore prevents US substitution into a suit for the liar and the granting of the liar the US's immunity from suit?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is lying by a US employee to undermine the boss outside the scope of employment and therefore prevents US substitution into a suit for the liar and the granting of the liar the US’s immunity from suit? 2. Should the Feres doctrine immunity be changed to exclude this protection for intentional, malicious liars, thus guaranteeing due process protections for victims of liars in their suits? 3. Are the federal courts bound by the decision of the highest level of review in the military, precluding an evidentiary hearing under Westfall and Feres? ii RELATED CASES Kitsap County Superior Court, No.18-2-03027-18, Ferrari v. Ford. This case was dismissed for lack of personal jurisdiction over Erin Ford. Washington State Court of Appeals Division II, No. 53764-8-II, Ferrari v. Ford. This case was the appeal of the Kitsap County Superior Court case, but it has been stayed pending the federal courts’ reviews of the issues herein. Superior Court of Connecticut, County of New London, No. KNL-CV19-6048255-S, Ferrari v. Ford. This state court matter was removed to US District Court of Connecticut. United States District Court of Connecticut, 3:19-cv01647-CSH, Ferrari v. Ford. This is a pending US District Court case that has been stayed pending the federal courts’ reviews of the issues herein. United States District Court for the Western District of Washington at Tacoma, c19-5996-RJB-TLF, Ferrari v. US and Erin Ford. 10/20/20 Order on Plaintiff’s Motion for Relief from Judgment; 10/21/20 Order Granting US’ Motions to Dismiss, and 10/21/20 Civil Judgment. United States Court of Appeals for the Ninth Circuit, Ferrari v. US and Erin Ford, No. 20-36071 11/12/21 affirmed the US District Court decision. Rehearing en banc denied on 12/22/21 and mandate issued 12/30/21.

Docket Entries

2022-05-23
Petition DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-04-25
Waiver of right of respondent United States to respond filed.
2022-03-22
Petition for a writ of certiorari filed. (Response due April 25, 2022)

Attorneys

Joseph Ferrari
William C. BudiganBudigan Law Firm, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent