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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION TIMOLIN SHAIA, Plaintiff, Civil Action No. AW-01-323 vs. ELLEN KLEIN, Defendant.

MEMORANDUM OPINION Currently pending before the Court are Defendant's motion to substitute the United States as a party[6-1] and the United States' motion to dismiss the complaint [7-1]. Plaintiff has filed a response. The United States did not file a reply. No hearing is deemed necessary. See Local Rule 105.6. Upon consideration of the arguments made in support of, and opposition to, the respective motions, the Court makes the following determinations. I. FACTUAL BACKGROUND The undisputed facts are as follows. Plaintiff Timolin Shaia and Defendant Ellen Klein are employees of the Federal Aviation Administration (FAA). On November 14, 2000, Mrs. Shaia was looking at some vacation photos with a co-worker. Ms. Klein approached Mrs. Shaia and asked to look at the photos. Mrs. Shaia responded that Ms. Klein could view her pictures at a later time. Dissatisfied with this response, Ms. Klein took the photos from the co-worker. Upon viewing the photos, Ms. Klein made remarks concerning Mrs. Shaia's husband calling him a white man with a big belly. Insulted by the remark, Mrs. Shaia retrieved the photos and refused to talk to Ms. Klein. Ms. Klein responded by calling Mrs. Shaia "a prick." Upset by the remarks, Mrs. Shaia reported the incident to her manager which further

escalated Ms. Klein's hostile remarks. Eventually, Mr. Klein was reprimanded for the incident and Mrs. Shaia was transferred to another division of the FAA. On November 27, 2000, Mrs. Shaia filed suit against Ms. Klein for defamation, racial harassment and assault. The United States undertook Ms. Klein's defense and removed that action from state court. II. DISCUSSION A. Motion to Substitute the United States as a Party

The Attorney General has certified that Ms. Klein was acting within the scope of her employment as the time of the incident forming the basis of this action. Under the Federal Employees Liability Reform and Tort Compensation Act, tort actions brought against a federal employees are defended by the United States upon certification by the Attorney General that the federal employee was acting within the scope of their employment. 42 U.S.C.

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Maryland Law