McKinney v. Whitfield, 83-2092

• Decision Date: 15 June 1984
• Docket Number: No. 83-2092,83-2092
• Citation: 736 F.2d 766,237 U.S. App. D.C. 157
• Parties: Iris N. McKINNEY, Appellant, v. Charles A. WHITFIELD.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 766

736 F.2d 766

237 U.S.App.D.C. 157

Iris N. McKINNEY, Appellant, v. Charles A. WHITFIELD.

No. 83-2092.

United States Court of Appeals District of Columbia Circuit.

Argued May 15, 1984.

Decided June 15, 1984.

Charles G. Aschmann, Jr., Alexandria, Va., for appellant.

Scott T. Kragie, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WRIGHT, EDWARDS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case presents a novel question concerning the immunity of federal managerial employees from common law tort liability. Plaintiff-appellant Iris N. McKinney, a GS-13 Budget Analyst in the Federal Aviation Administration ("FAA"), commenced a civil action against defendant-appellee Charles A. Whitfield, her second-line job supervisor; the complaint charged an assault and battery by Whitfield, resulting in serious injuries to McKinney. ¹ Whitfield moved to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure of the complaint to state a claim upon which relief can be granted.

The District Court granted Whitfield's motion, reciting the rule that "a federal official is absolutely immune from liability for those tortious acts falling within the 'outer perimeter' of his authority." ² Defendant's conduct fell within the zone of his discretionary authority, the District Court determined, because it occurred in the context of a supervisor-employee dispute about a proposed personnel action--the temporary lay-off of McKinney. We hold that the District Court delineated an over-large area for this official's line of duty; accordingly, we reverse the order dismissing McKinney's complaint and remand the case for further proceedings.

I.

The incident prompting McKinney's complaint occurred on February 25, 1982. An FAA funding shortage necessitated the temporary lay-off without pay of non-essential employees. On the day in question, appellee Whitfield instructed McKinney to come to his office to discuss her proposed "furlough" and to sign a letter acknowledging that she had been advised of her rights regarding the forthcoming personnel action. The record reveals a history of strained relations between McKinney and Whitfield. The day of the episode in suit proved no exception. After a tense exchange in Whitfield's office, McKinney signed the acknowledgment letter. She then began to walk away, at which point the letter dropped to the floor. ³ Whitfield ordered McKinney to pick up the paper. McKinney did not do so; instead, she fled down the hall towards her office with Whitfield in hot pursuit.

Once inside McKinney's office, Whitfield either fired or threatened to fire her. ⁴ McKinney then attempted to leave her office to seek assistance from Whitfield's supervisor. Whitfield, however, informed McKinney that she was "not going anywhere," and allegedly pushed an office chair into her leg to prevent her exit. McKinney recounts that Whitfield persisted in blocking her way out. When she ducked to escape, she alleges, he gripped and twisted her arm, causing her to suffer severe pain and serious physical injury. ⁵

After unsuccessfully pursuing her administrative remedies, McKinney filed suit in the District Court seeking compensatory and punitive damages. Whitfield moved to dismiss the complaint, arguing that his blanket entitlement to absolute immunity was essential to the unimpeded "effective functioning of the government." Defendant's Memorandum in Support of Motion to Dismiss at 7. The District Court granted Whitfield's motion; it relied on "the long line of cases starting with Barr v. Matteo " indicating that "absolute immunity applies to all common law torts so long as they are committed within the outer perimeter of the official's authority." Memorandum Order, Civil Action No. 82-3016, at 2 (D.D.C. Sept. 23, 1983) ("Memorandum Order").

In holding Whitfield's conduct totally sheltered from liability in a common law tort action, the District Court focused upon "the specific supervisor-employee context" in which McKinney's alleged injuries occurred. Id. at 4. "[P]revent[ing] [plaintiff] physically from leaving her office with issues left unresolved," the District Court declared, "f[ell] within the 'outer perimeter' of defendant's authority," albeit perhaps "near the 'extreme edge.' " Id. (referring to Blatchford v. Guerra, 548 F.Supp. 406 (S.D.Fla.1982)). McKinney appealed the District Court's judgment.

II.

Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959), relied upon by the District Court, is the fountainhead Supreme Court decision affording federal officials absolute immunity from common law tort liability. In a series of mid 1970's decisions, the Supreme Court generally rejected state officials' pleas of absolute immunity from civil liability for torts committed in alleged violation of a plaintiff's constitutional rights. See Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976); Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975); Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). This series of decisions fueled debate earlier generated in commentary over the soundness, breadth, and continued vitality of Barr. See, e.g., Expeditions Unlimited Aquatic Enterprises, Inc. v. Smithsonian Institution, 566 F.2d 289, 303 (D.C.Cir.1977) (en banc) (Wilkey, J., concurring), cert. denied, 438 U.S. 915, 98 S.Ct. 3144, 57 L.Ed.2d 1160 (1978) ("Expeditions Unlimited ").

In Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978), however, the Supreme Court appeared to assume Barr 's endurance. The plaintiff in Butz sought damages from high-ranking Agriculture Department officials (including the Secretary) for conduct alleged to violate the plaintiff's constitutional rights. Despite the nonfrivolous charge of constitutional violations, the defendants asserted total immunity from civil liability. The High Court held the officials (other than those acting in a judicial or prosecutorial capacity) entitled to assert only qualified, not absolute, immunity; it distinguished Barr as a decision involving only "state tort claims." See id. at 494-95, 98 S.Ct. at 2904-05; see also Harlow v. Fitzgerald, 457 U.S. 800, 807-08, 102 S.Ct. 2727, 2732-33, 73 L.Ed.2d 396 (1982) (signalling that Barr remains good law). ⁶ This court has specifically held that "the doctrine of absolute immunity from common law torts survives [Butz ]." Sami v. United States, 617 F.2d 755, 770 (D.C.Cir.1979). ⁷ McKinney's complaint, we note, advances only a common law claim; she alleges no conduct in contravention of constitutional restraints.

In Barr, the Acting Director of the Office of Rent Stabilization resisted a libel action brought by former subordinates based on a press release issued under defendant's directions. The Court held the Acting Director absolutely immune from civil damages liability for the alleged defamation. Lower federal court decisions have accorded Barr a generous reception in two respects: both the persons sheltered and the torts covered have been expansively interpreted.

Emphasizing statements contained in the Barr opinion, see 360 U.S. at 572-74, 79 S.Ct. at 1340-41, ⁸ lower federal courts have extended the absolute immunity defense to "executive officials at all levels" of the federal hierarchy. Expeditions Unlimited, 566 F.2d at 307 (Wilkey, J., concurring); see, e.g., id. (Chairman of the Anthropology Department at the Smithsonian Museum of Natural History); Bishop v. Tice, 622 F.2d 349 (8th Cir.1980) (Occupational Safety and Health Administration regional auditor and regional administrator); Berberian v. Gibney, 514 F.2d 790 (1st Cir.1975) (Internal Revenue Service officer); Litvak Meat Co. v. Padilla, 470 F.Supp. 1040 (D.Colo.1979) (Department of Agriculture meat inspector). In light of this precedent, the District Court correctly assumed as its starting premise that Whitfield's FAA job supervisor position entitled him to assert Barr in defense of actions not manifestly beyond his line of duty.

Barr itself dealt only with the tort of defamation. See 360 U.S. at 574, 79 S.Ct. at 1341; id. at 577, 79 S.Ct. at 1342 (Black, J., concurring) (absolute immunity appropriate because of importance of "informed public opinion" to "effective functioning of a free government"). Lower federal courts have brought within Barr 's compass "any common law tort." Expeditions Unlimited, 566 F.2d at 300 (Robinson, J., concurring); accord Miller v. DeLaune, 602 F.2d 198, 200 (9th Cir.1979) (per curiam); Plourde v. Ferguson, 519 F.Supp. 14, 17 (D.Md.1980). Federal officials have successfully raised Barr as a defense to a full range of common law delicts: negligence; ⁹ malicious use of process; ¹⁰ tortious interference with business; ¹¹ false arrest, false imprisonment, and malicious prosecution; ¹² blackmail, fraud, and intimidation; ¹³ and, under some circumstances, assault and battery. ¹⁴

But the Barr opinion acknowledged limits to an executive officer's absolute immunity from common law tort liability; federal officials are protected only if their actions are "taken ... within the outer perimeter of [their] line of duty." Barr, 360 U.S. at 575, 79 S.Ct. at 1341. In Butz, the Court restated that Barr did not "purport[ ] to abolish the [common law] liability of federal employees for actions manifestly beyond their line of duty; ... they are accountable when they stray beyond the plain limits of their statutory authority." Butz, 438 U.S. at 495, 98 S.Ct. at 2905. Thus, physical contact batteries may qualify for absolute immunity when administered by federal security or law enforcement officers whose job it is to maintain order and the public peace. ¹⁵ See Skolnick v. Campbell, 398 F.2d 23 (7th Cir.1968) (deputy court marshal); Plourde v....