Johnson v. McKnight et al

Filing 49

ORDER substituting the United States of America as a party defendant in the place of Kenyetta McKnight, Mark A. Turner, and the Department of Veterans Affairs. Signed by Magistrate Judge Shiva V. Hodges on 10/11/2017. (bgoo)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Regina Denise Johnson, Plaintiff, vs. United States of America and Raymond Mitchell, Defendants. ) ) ) ) ) ) ) ) ) ) ) C/A No.: 3:17-895-MGL-SVH ORDER ORDER SUBSTITUTING THE UNITED STATES AS DEFENDANT IN LIEU OF DEFENDANTS McKNIGHT, TURNER AND THE DEPARTMENT OF VETERANS AFFAIRS 28 U.S.C. § 2679(d)(1) and (d)(2) As the designee of the United States Attorney General, the United States Attorney for the District of South Carolina has certified that named defendants Kenyatta McKnight and Mark Turner were acting within the scope of their employment at all times alleged in the Complaint. The Federal Employee Liability Reform and Tort Compensation Act of 1988, commonly known as the Westfall Act amendment to the Federal Tort Claims Act, provides that upon such certification, "any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant." 28 U.S.C. § 2679(d)(1). Based on the Certification, the Clerk of Court is to substitute the United States as a party Defendant in the place of Kenyatta McKnight and Mark Turner and amend the caption accordingly. See Berkeley-Dorchester Ctys. Econ. Dev. Corp. v. U.S. Dept of Health & Human Servs., 395 F. Supp. 2d 317 (D.S.C. 2005) (noting mandatory nature of substitution upon Westfall Act certification, but indicating that "when a certification decision is challenged [] the appropriateness of substitution is subject to judicial review"). Accordingly, the United States is substituted as the party defendant for the individual federal employees and the agency. The caption of this case is thereby corrected. IT IS SO ORDERED. October 11, 2017 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge

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