Landham v. Taylor

68 F. App'x 608
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 23, 2003
DocketNo. 02-6316
StatusPublished
Cited by5 cases

This text of 68 F. App'x 608 (Landham v. Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landham v. Taylor, 68 F. App'x 608 (6th Cir. 2003).

Opinion

ORDER

William M. Sonny Landham, III, a pro se Kentucky resident, appeals a district court judgment dismissing his civil complaint for slander, libel, and defamation of character. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Landham sued Kenneth R. Taylor, Assistant United States Attorney for the Eastern District of Kentucky, in the Boyd County (Kentucky) Circuit Court. Taylor was involved in the prosecution of Land-ham on various federal charges. Although [609]*609Landham was convicted, his conviction was reversed on appeal by this court. The civil action is based on alleged remarks Taylor made to a local newspaper.

The United States subsequently removed the case to the United States District Court for the Eastern District of Kentucky, following a certification by the U.S. Attorney pursuant to 28 U.S.C. § 2679(d) that Taylor had been acting within the scope of his federal employment. The government asserted that the action therefore became an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et. seq. The government argued that the United States was properly substituted as defendant because Land-ham had brought a common law tort action allegedly committed by a federal employee within the scope of his employment. See 28 U.S.C. § 2679(d). The district court subsequently dismissed the case for lack of jurisdiction and for failure to state a claim.

In his timely appeal, Landham asserts that the FTCA is unconstitutional; that Taylor’s actions were not within the bounds of his employment; that his complaint was not liberally interpreted; that the trial court abused its discretion by accepting information from the defendant; and that the certificate of employment was not properly signed.

The district court’s judgment is reviewed de novo. See In re Sofamor Danek Group, Inc., 123 F.3d 394, 400 (6th Cir. 1997) (Fed.R.Civ.P. 12(b)(6)); Joelson v. United States, 86 F.3d 1413, 1416 (6th Cir.1996) (Fed.R.Civ.P. 12(b)(1)).

Landham contends that the district court erred in accepting the certification under § 2679(d)(2) as it was signed by an assistant United States attorney rather than the United States Attorney General or the United States Attorney. Contrary to Landham’s argument, the certificate of employment was signed by the United States Attorney for the Eastern District of Kentucky, Gregory F. Van Tatenhove. The argument is without merit.

Landham argues that the trial court did not liberally interpret his pro se filings. Landham asserts that the Eastern District of Kentucky is biased and prejudiced against him because he was standing up for his Constitutional rights, was running for governor, and received media exposure for all his legal proceedings. Nothing in Judge Forester’s rulings suggest that the judge was personally biased against Land-ham or in favor of the defendant. See 28 U.S.C. § 144. Moreover, Landham presented no legitimate reason to question the judge’s impartiality, and the judge’s rulings do not reflect any antagonism towards Landham. See 28 U.S.C. § 455; Liteky v. United States, 510 U.S. 540, 555, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994); Reed v. Rhodes, 179 F.3d 453, 468 (6th Cir.1999). Accordingly, Landham’s bias argument is meritless.

As there is no basis for Landham’s bias claim, his contention that his filings were not properly construed also fails. Land-ham’s argument is essentially based on the fact that his complaint was dismissed. While courts must apply “less stringent standards” in determining whether pro se pleadings state a claim for which relief can be granted, Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), pro se plaintiffs are not automatically entitled to take every case to trial. As this court has noted, the lenient treatment generally accorded to pro se litigants has limits. See Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir.1991). No matter how liberally construed, Landham’s complaint simply did not state a claim.

Landham next contends that Taylor was not acting within the scope of his employment for the purposes of the FTCA when he made the remarks in question. The United States stands in the shoes of its employees whose “negligent or wrongful [610]*610act[s]” in the scope and course of their federal employment cause an injury. 28 U.S.C. § 2679(b)(1). The statute effectively “shields federal employees from liability for common law torts committed within the scope of employment.” Henson v. Nat’l Aeronautics & Space Admin., 14 F.3d 1143, 1147 (6th Cir.1994). “In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment.” 28 U.S.C. § 2679(d)(3). The court reviews questions regarding certification under the FTCA de novo. See Singleton v. United States, 277 F.3d 864, 870 (6th Cir.2002).

“[Wjhether an employee was acting within the scope of his employment is a question of law, not fact, made in accordance with the law of the state where the conduct occurred.” Id. Because the scope of employment issue is governed by the law of the state in which the conduct at issue occurred, 28 U.S.C. § 1346(b); Coleman v. United States, 91 F.3d 820, 823 (6th Cir.1996), Kentucky law governs that question in this case.

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Cite This Page — Counsel Stack

Bluebook (online)
68 F. App'x 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landham-v-taylor-ca6-2003.