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221703P.pdf   01/24/2023  Jane Doe  v.  United States
   U.S. Court of Appeals Case No:  22-1703
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Smith, Author, with Kelly and Grasz, Circuit Judges] Civil case - Federal Tort Claims Act. Doe was sexually assaulted by a Veteran's Administration employee while undergoing acupuncture treatment for a hip injury; the district court dismissed the action for lack of subject matter jurisdiction and Doe appeals. Held: the district court did not err in determining the assault occurred outside the scope of the VA employee's employment, and the dismissal is affirmed.