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Deane v. United States Food and Drug Administration [Deane v. Light]

(Con. Rights US Dist. Ct. E. VA 1997) Citation: 970 F.Supp. 465

This suit was brought by Mark Deane against Gary Dean Light, individually and as an agent of the Food & Drug Administration, a division of the United States Department of Health & Human Services, an agency of the United States of America.
The plaintiff, an employee of a Philip Morris, alleged that the defendant had stopped his car, called him at his home, and threatened him to tell the truth about his employer in the ongoing Food and Drug Administration (FDA) investigation. The plaintiff claims constitutional and tort claims.
The case was heard in the United States District Court for the Eastern District of Virginia, Richmond Division (Civil Action No. 3:96CV693), before the Honorable Judge Merhige. On March 17, 1997, the judge (970 F.Supp. 465) denied a motion in limine to exclude evidence as to whether the defendant had acted in the scope of his employment. In issuing his Scope Certification stating that the defendant was acting within the scope of his duties, the Attorney General did not need to assume the events occur as alleged. For this reason, the alibi evidence the plaintiff wished to exclude was permissible at the evidentiary hearing. If the plaintiff fails to show that the defendant committed the alleged conduct, the court indicated it would substitute the government as the defendant, eliminating the possibility of a jury trial.