Salazar v. United States

Robert Salazar filed a complaint under the Federal Tort Claims Act, 28 U.S.C. 2671- et seq., against the United States of America, the Department of Justice, Richard Thornburgh and K. Michael Moore. His sole cause of action is intentional infliction of emotional distress. The District Court dismissed for lack of jurisdiction, finding that Salazars claim was preempted by the Civil Service Reform Act of 1978. Salazar appeals, arguing that the District Court erred in finding Salazars claim to be preempted. We affirm.