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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ) ) ) PLAINTIFF ) v. ) ) AMERICAN FEDERATION OF ) GOVERNMENT EMPLOYEES, ET AL., ) ) DEFENDANTS ) MELISSA FERRIS,

Civil No. 99-199-B-H

ORDER ON INDIVIDUAL DEFENDANTS' MOTION TO DISMISS Can a temporary federal employee who is the victim of retaliatory threats and harassment recover damages from the other federal employees who were involved? I hold that such claims are preempted by the Civil Service Reform Act and the Whistleblower Protection Act. Melissa Ferris was a seven month temporary nursing assistant at the Togus Veterans Medical Center ("VA Togus") here in Maine. She has sued for damages ten individual co-employees and supervisors at Togus, as well as their Union, the American Federation of Government Employees. In her lawyer's words, Plaintiff alleges that she was the victim of retaliation, harassment, threats, false accusations and defamation after she reported patient abuse, cheating on a CPR examination, and the aforesaid acts against her committed by co-workers at VA Togus. Plaintiff alleges that co-workers (the individual defendants) retaliated, harassed, threatened, accused and defamed her in a concerted, ongoing effort to shield those in their ranks from reports like plaintiff's of their misdeeds, and that as a result of their conduct, she suffered emotional distress,

and VA Togus management--who are not named as parties hereto--took adverse employment actions against her, including termination. Pl.'s Opp'n with Mem. of Law Re: Mot. to Dismiss at 1. The ten individual co-employees and supervisors have filed a motion to dismiss, maintaining that Ferris's remedies lie in other forums1 and that she cannot proceed on the state law claims and the federal RICO claims she is making here. The motion to dismiss is GRANTED.
ANALYSIS A. State Law Claims

Ferris has sued the federal employees for damages and other relief under the following state law claims: the Maine Whistleblower Protection Act and the Maine Human Rights Act (Count Four)2; Maine's common law concerning intentional infliction of emotional distress (Count Five); Maine's common law of defamation (Counts Six and Seven); and Maine's common law of interference with an advantageous relationship (her VA employment) (Count Eight). The Civil Service Reform Act of 1978 ("CSRA"), Pub. L. No. 95-454, 92 Stat. 1111 (codified as amended in scattered sections of 5 U.S.C.), allows federal

Ferris also filed a complaint with the Office of Special Counsel, a complaint that is now pending before the Merit System Protection Board. Apparently, she also is pursuing an administrative claim against the United States under the Federal Tort Claims Act. See Defs.' Reply in Supp. of Mot. to Dismiss at 3. The plaintiff seeks to clarify Count Four of her Amended Complaint by filing a Second Amended Complaint. See Pl. Mem. in Opp'n with Mem. of Law Re: Mot. to Dismiss at 8 n.3. Even if I were to allow this limited amendment, the plaintiff's claims under the Maine Whistleblower Protection Act and Maine Human Rights Act would still be preempted for the reasons discussed in the text.
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employees or former federal employees like Ferris to report a violation of any law, rule or regulation, including retaliation, to the Office of Special Counsel. See 5 U.S.C.

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Maine Law