Dr. Dennis Mangano sued his federal employer for wrongful?? termination?? under?? the?? Federal?? Tort Claims Act (FTCA). ?The trial court dismissed his claims holding that the Civil Service Reform Act (CSRA) preempted his FTCA claims.?? ?Dr. Mangano appealed on the ground that according to Ninth Circuit precedent as a part-time physician he was not subject to the CSRA. ?On appeal, however, the?? Ninth?? Circuit?? disagreed?? explaining?? that Congress amended the CSRA to apply selectively to part-time physicians for their claims of ?prohibited personnel practices,? which includes unfair ?terminations.?? ?Mangano ?v. ?United ?States, that? the? issue? is? already? before? the? Supreme Court ?in ?Hale?? v.?? Wellpinit?? School?? District. Moore v. King County Fire Protection District No. 26, No. 06-35948 (9th Cir. 9/24/08).
Part-Time Physician?s Federal Tort Claim Act Preempted by Civil Service Reform Act.
Sep 24, 2008