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Merlonghi v. US, 09-2387

By FindLaw Staff on September 15, 2010 3:18 PM

Merlonghi v. US, 09-2387, concerned a challenge to the district court's grant of government's motion to dismiss for lack of subject matter jurisdiction, in plaintiff's suit against the United States under the Federal Tort Claims Act (FTCA), for the actions of a U.S. Special Agent, involving an automobile accident.

 

As stated in the decision: "In numerous opinions, the SJC has explained that Massachusetts courts are to determine whether an employee's conduct is within the scope of his employment based on (1) whether the conduct in question is of the kind the employee is hired to perform, (2) whether it occurs within authorized time and space limits, and (3) whether it is motivated, at least in part, by a purpose to serve the employer."  In finding that the agent was not acting within the scope of his employment when he crashed into plaintiff during a car chase, the court held that plaintiff's claim under 28 U.S.C. section 1346(b)(1) was properly dismissed for lack of jurisdiction. 

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