Antwine v. Newbegin

Filing 14

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 9/12/2018. (aott, c/m 9/14/2018)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

ARTHUR H.ANTWINE,

Plaintiff,
Case No. 1:18-cv-706-LO-JFA

V.

UNITED STATES,

Defendant.

MEMORANDUM OPINION

This matter comes before the Court on Defendant United States' Motion to Dismiss

pursuant to Federal Rule of Civil Procedure 12(b)(1). Dkt. No. 7. Defendant asserts the Court
lacks jurisdiction over this case because Plaintiffs claims are barred under the Federal Tort

Claims Act("FTCA")and the Civil Service Reform Act("CSRA"). Plaintiff contends his claims

are not barred because his supervisor was acting beyond the scope of her employment when she
reported him for sexual misconduct.

The Court grants Defendant's motion to dismiss and dismisses Plaintiffs claims against
Defendant with prejudice.
I. Background

Arthur Antwine, proceeding pro se, is an employee ofthe United States Postal Service. In

September 2017, Antwine's supervisor, Jennifer Newbegin, reported him for "workplace sexual
assault." Dkt. No. 1.11. Antwine alleges this report constituted defamation and resulted in
financial hardship, marital stress, and loss ofincome. Dkt. No. 1, Ex. A.

Antwine filed a warrant in debt in Stafford County General District Court on February 9,