Opinion · Court of Appeals for the Fourth Circuit
Mary Doe v. United States
Mary Doe v. United States, 769 F.2d 174 (4th Cir. 1985)
- Type
- Opinion
- Court
- Court of Appeals for the Fourth Circuit
- Jurisdiction
- Federal
- Date
- 1985-07-01
- Topic
- bankruptcy
How later courts describe this case
- affirming district court finding that an Air Force social worker who sexually assaulted minors was acting to further his own self-interest and was not acting within the scope of his employment
- employer not liable for sexual misconduct of an Air Force social worker because he was “acting for his personal gratification”
Citator
UpLaw has not yet analyzed Mary Doe v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 24 opinions
DOE v. UNITED STATES,769 F.2d 174(4th Cir. 1985)
MARY DOE, APPELLANT, v. UNITED STATES OF AMERICA, APPELLEE.
No. 84-2121.
United States Court of Appeals, Fourth Circuit.
Argued April 4, 1985.
Decided July 1, 1985.
Page 175
Glen E. Craig, Asst. U.S. Atty., Columbia, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appellee.
Before WINTER, Chief Judge, and WIDENER and HALL, Circuit Judges.
[2] Plaintiff appeals and we affirm. We agree with the district court thatAndrews v. United States,732 F.2d 366(4 Cir. 1984), is inapposite. In that case, the plaintiff consented to sexual advances offered as "treatment", and hence there was neither assault nor battery. In this case, plaintiff did not consent to the Air Force social worker's perverted behavior, so that the officer's conduct did constitute assault. Thus the § 2680(h) assault exception to the waiver of sovereign immunity is fully applicable. We also agree that10 U.S.C. § 1089does not permit plaintiff's suit. That provision waives governmental immunity only for claims involving a medical professional acting "within the scope of his duties or employment." § 1089(a). Here, if plaintiff's allegations are true, the Air Force officer clearly was acting for his personal gratification rather than within the scope of his employment.
[3] Plaintiff's other theories of recovery either were not raised administratively in satisfaction of the condition precedent to suit, or are so closely related to the barred assault claim that they also are barred by sovereign immunity.
[4] AFFIRMED.