Tenth Circuit: Government Employee not Acting within Scope of Employment When Conducting an Examination of Subordinate in Women’s Restroom

In Sandoval v. Martinez-Barnish, the Tenth Circuit Court of Appeals upheld a district court’s decision to refuse to substitute the United States as the defendant in a case brought by a contract worker against the federal employee assigned to supervise her work.  The contract worker brought a claim for assault, battery, and outrageous conduct against the supervisor when, after the contract worker complained of flying ants in her work space, the supervisor asked the worker to partially disrobe in the bathroom to show her the ant bites on her body.  Although the supervisor was apparently intending to help the worker as a witness of the bites, the worker sued the supervisor.  The United States attempted to substitute itself in as the proper defendant but the Tenth Circuit agreed that the supervisor’s behavior was outside the scope of her employment.