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Spinale v. United States Department of Agriculture

United States Court of Appeals, Second Circuit
Dec 11, 2009
356 F. App'x 465 (2d Cir. 2009)

Summary

dismissing claim against federal agency because the only proper defendant in an FTCA action is the United States

Summary of this case from Ramirez v. Tatum

Opinion

No. 09-1454-cv.

December 11, 2009.

Appeal from a judgment of the United States District Court for the Southern District of New York (McMahon, J.). UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED.

Linda Strumpf; South Salem, NY, for Appellant.

Preet Bharara; United States Attorney for the Southern District of New York; (Carolina A. Fornos, Elizabeth Wolstein, Assistant United States Attorneys, Of Counsel); New York, N.Y., for Appellee.

PRESENT: PIERRE N. LEVAL, PETER W. HALL and GERARD E. LYNCH, Circuit Judges.


SUMMARY ORDER

Plaintiff-Appellants appeal from the district court's April 2, 2009 order dismissing their claims of defamation; deprivation of inspection rights under the Agricultural Marketing Act of 1946, 7 U.S.C. § 1621 et seq., in violation of 42 U.S.C. § 1983; and retaliation based on Anthony Spinale's exercise of his First Amendment Rights. The district court dismissed the complaint for a lack of subject matter jurisdiction based on sovereign immunity and a failure to state a claim. We assume the parties' familiarity with the facts, procedural history, and specification of issues on appeal.

After reviewing the issues on appeal and the record of proceedings below, we affirm for substantially the same reasons articulated by the district court in its thoughtful and well-reasoned order and opinion.

Accordingly, the judgment of the district court is AFFIRMED.


Summaries of

Spinale v. United States Department of Agriculture

United States Court of Appeals, Second Circuit
Dec 11, 2009
356 F. App'x 465 (2d Cir. 2009)

dismissing claim against federal agency because the only proper defendant in an FTCA action is the United States

Summary of this case from Ramirez v. Tatum

dismissing defamation claim against federal agency because the only proper defendant in an FTCA action is the United States

Summary of this case from Page v. Oath Inc.

discussing the USDA's sovereign immunity and stating "the United States, and its agencies, have not waived sovereign immunity for intentional tort claims under the FTCA"

Summary of this case from Twum-Baah v. U.S. Dep't of Agric.

dismissing defamation claim

Summary of this case from Tomscha v. Poole
Case details for

Spinale v. United States Department of Agriculture

Case Details

Full title:Anthony SPINALE, Chain Trucking, Inc., Mr. Sprout, Inc., Countrywide…

Court:United States Court of Appeals, Second Circuit

Date published: Dec 11, 2009

Citations

356 F. App'x 465 (2d Cir. 2009)

Citing Cases

Twum-Baah v. U.S. Dep't of Agric.

See alsoSpinale v. U.S. Dep't of Agric. , 621 F.Supp.2d 112, 116 (S.D.N.Y.), aff'd sub nom. Spinale v. U.S.…

Tomscha v. Poole

Courts in this Circuit have routinely found therefore that claims of libel, slander, and defamation brought…