DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202590P.pdf 08/13/2021 Tom Magee v. Benjamin Harris
U.S. Court of Appeals Case No: 20-2590
and No: 20-2592
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Erickson,
Circuit Judge]
Civil case - Federal Tort Claims Act. At the time defendant, a Postal
Service employee, was involved in an accident with plaintiff's decedent,
he was not acting within the scope of his employment as he was engaged in
an unauthorized deviation from his mail route and the deviation was
neither slight nor incidental; scope of employment in FTCA cases is a
threshold jurisdictional question for the court, not a jury, to decide.