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Knight v. United States

United States District Court, Ninth Circuit

November 14, 2013

PARKER MICHAEL KNIGHT, Plaintiff,
v.
UNITED STATES, Defendant.

PARKER MICHAEL KNIGHT, Portland, OR, Plaintiff, Pro Se.

S. AMANDA MARSHALL, United States Attorney, JAMES E. COX, JR., Assistant United States Attorney, Portland, OR, Attorneys for Defendant.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Defendant's Motion (#6) to Dismiss. For the reasons that follow, the Court GRANTS Defendant's Motion.

BACKGROUND

On July 1, 2013, Plaintiff filed a pro se complaint in Multnomah County Circuit Court in which he alleges he received negligent medical care from Veterans Administration (VA) physician Sunita Chalasani, M.D. Plaintiff also alleges the following in Counts I through III:

Defendant and or his agents willfully, maliciously and intentionally inflicted emotional distress upon the Plaintiff.
* * *
Defendant and or his agents have intentional[ly], maliciously, and without just cause, slandered the Plaintiff's names, business and reputation[] in the community by making knowingly false, malicious and intentional statements about the Plaintiff, Plaintiff's family, and the Plaintiff's business.
* * *
Defendant and or his agents have intentionally, maliciously and without just cause, engaged in deceitful business practices and malicious and intentional fraud that were calculated to harm the Plaintiff[] and [his] business.

Compl. at ¶¶ III-V.

On August 6, 2013, United States Attorney S. Amanda Marshall filed a Certification in Multnomah County Circuit Court in which she stated:

Pursuant to 28 U.S.C. § 2679(d)(2) and the authority delegated to me by the Attorney General for the United States pursuant to 28 C.F.R. § 15.4, I hereby certify that Dr. Sunita Chalasani was acting within the course and scope of her federal employment at the time of the incident out of which this claim arose. Accordingly, the United ...

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