noting that the FTCA, with the 6 exception of constitutional claims, is the exclusive remedy for claims brought against federal 7 officers acting in their office
How later courts described this case
- noting that the FTCA, with the 6 exception of constitutional claims, is the exclusive remedy for claims brought against federal 7 officers acting in their office
- holding that the defendant’s assertion of immunity was sufficient to meet the requirement of a colorable federal defense
Written by the judges who cited it.
The opinion
REAVLEY, Circuit Judge,
concurring.
I am compelled by the controlling authority to concur in this opinion; but I would hold, if free to do so, that official immunity from common law defamation liability extends to members of Congress when in an official capacity they comment on current legislative issues. See Mikva, Circuit Judge, dissenting in Chastain v. Sundquist, 833 F.2d 311, 328 (D.C.Cir.1987); cert. denied, 487 U.S. 1240 , 108 S.Ct. 2914 , 101 L.Ed.2d 946 (1988).