Ralph Roger Bergman v. United States, 751 F.2d 314 (10th Cir. 1985). · Go Syfert
Ralph Roger Bergman v. United States, 751 F.2d 314 (10th Cir. 1985). Cases Citing This Book View Copy Cite
88 citation events (52 in the last 25 years) across 28 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
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At page 316 Statute of limitations and accrual of claims33 citing casesrelying on Oppenheim v. Campbell, 571 F.2d 660, 662 (D.C.Cir.1978) for the proposition that the action “accrues” when the right to resort to court is perfected1 citing court put it this way · 31 listed here
  • Runnels, No. 5:26-cv-05005 (D.S.D. June 26, 2026).
    Cir. 1987); Bergman v. United States, 751 F.2d 314, 316 (10th Cir. 1984), cert denied, 474 U.S. 945 (1985); Green v. Westphal, 94 F. App’x 902, 904 (3d Cir. 2004).
  • Agbonze v. State of Oklahoma, No. 4:24-cv-00582 (N.D. Okla. Dec. 6, 2024).
    For § 1983 claims, the statute of limitations accrues “‘when the plaintiff knows or has reason to know of the injury which is the basis of the action,’ or ‘when the plaintiff's right to resort to federal court was perfected.”’ Herrera, 32…
  • Meier v. Aspen Academy, No. 1:23-cv-02637 (D. Colo. Aug. 1, 2024).
    Put another way, “[a] civil rights action accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action,” Smith v. City of Enid, 149 F.3d 1151, 1154 (10th Cir. 1998) (quotation marks omitted), or “wh…
  • Scott v. Angerhofer, No. 2:20-cv-00014 (D. Utah Oct. 2, 2023).
    Put another way, "[a] civil rights action accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action," Smith v. City of Enid, 149 F.3d 1151, 1154 (10th Cir. 1998) (quotation marks omitted), or "wh…
  • Cain v. Bernalillo Cnty. Sheriff's Off., No. 2:22-cv-00673 (D.N.M. July 26, 2023).
    Fund v. Ferbar Corp. of Cal., 522 U.S. 192, 201 (1997)). “‘A civil rights action accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action,’” Smith v. City of Enid, 149 F.3d 1151, 1154 (10th Cir.…
  • Herrera v. City of Espanola, 32 F.4th 980 (10th Cir. 2022).published 2 cites
    In this sense, where the City argued Appellants’ claims accrued outside the limitations period and the accrual analysis begins with identification of the right infringed, the City, by not raising a property interest argument in their 12(b)…
  • Alexander v. Michigan Adjutant Gen., 860 F. Supp. 2d 448 (W.D. Mich. 2012).published
    “Under the Privacy Act, a cause of action arises when 1) an error is made in maintaining plaintiffs records, 2) plaintiff was wronged by such error, and 3) plaintiff either knew or had reason to know of the error.” Mangino v. Department of…
  • Shearson v. Holder, 865 F. Supp. 2d 850 (N.D. Ohio 2011).published
    Lockett v. Potter, 259 Fed.Appx. 784, 787 (6th Cir.2008); Oja v. U.S. Army Corps of Engineers, 440 F.3d 1122, 1135 (9th Cir.2006); Davis v. United States Dep’t of Justice, 204 F.3d 723, 726 (7th Cir.2000); Tijerina v. Walters, 821 F.2d 789…
  • Lockett v. Potter, 259 F. App'x 784 (6th Cir. 2008).unpublished
    Oja v. United States Army Corps of Eng’rs, 440 F.3d 1122, 1135 (9th Cir.2006); Davis v. U.S. Dep’t of Justice, 204 F.3d 723, 726 (7th Cir.2000); Tijerina v. Walters, 821 F.2d 789, 797-98 (D.C.Cir.1987); Bergman v. United States, 751 F.2d 3…
  • Green v. Sec'y Army, 94 F. App'x 902 (3d Cir. 2004).unpublished
    See Diliberti v. United States, 817 F.2d 1259, 1262 (7th Cir.1987); Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984).
Show 21 more citing cases
  • Muniz-Rivera v. United States, 204 F. Supp. 2d 305 (D.P.R. 2002).published
    Nesovic v. United States, 71 F.3d 776, 778 (9th Cir.1995); Diliberti v. United States, 817 F.2d 1259, 1264 (7th Cir.1987); Bergman v. United States, 751 F.2d 314, 316-17 (10th Cir.1984); Ward v. Caulk, 650 F.2d 1144, 1147 (9th Cir.1981); L…
  • Andrews v. Trans Union Corp., 7 F. Supp. 2d 1056 (C.D. Cal. 1998).published
    See Bowyer v. United States Air Force, 875 F.2d 632, 636 (7th Cir.1989); Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984).
  • Blazy v. Tenet, 979 F. Supp. 10 (D.D.C. 1997).published
    (relying on Oppenheim v. Campbell, 571 F.2d 660, 662 (D.C.Cir.1978) for the proposition that the action “accrues” when the right to resort to court is perfected)
  • Burkins v. United States, 865 F. Supp. 1480 (D. Colo. 1994).published
    Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287 (1985).
  • Michael Mangino v. Dep't of the Army & the Def. Investigative Serv., 17 F.3d 1437 (10th Cir. 1994).published
    Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984), cert. denied, 474 U.S. 945 (1985).
  • Mangino v. Dep't of the Army, 818 F. Supp. 1432 (D. Kan. 1993).published
    Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287 (1985).
  • Shannon v. Gen. Elec. Co., 812 F. Supp. 308 (N.D.N.Y. 1993).published
    The Privacy Act’s statute of limitations is jurisdictional and begins to run when a plaintiff “first knew or had reason to know that the ... records were being maintained.” Diliberti v. United States, 817 F.2d 1259, 1261-62 (7th Cir.1987)…
  • Doe v. Dep't of the Navy, 764 F. Supp. 1324 (N.D. Ind. 1991).published
    A cause of action under the Privacy Act accrues at the time: (1) an error is made in maintaining the plaintiffs records; (2) the plaintiff was wronged by such error; and (3) the plaintiff either knew or had reason to know of such error.” S…
  • Edwin J. Akutowicz v. United States, 859 F.2d 1122 (2d Cir. 1988).published
    (cause of action under Privacy Act arises when plaintiff “knew or had reason to know” of error in his records)
  • Englerius v. Vets. Admin., 837 F.2d 895 (9th Cir. 1988).published 4 cites
    Tijerina v. Walters, 821 F.2d 789, 797-98 (D.C.Cir.1987) (the statute of limitations begins to run when the plaintiff knew or had reason to know that adverse action had occurred); Diliberti v. United States, 817 F.2d 1259, 1262-63 (7th Cir…
  • Angelo M. Diliberti v. United States, 817 F.2d 1259 (7th Cir. 1987).published
    In Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984), certiorari denied, _ U.S. _, 106 S.Ct. 310 , 88 L.Ed.2d 287 , the court held that a cause of action arises under the Privacy Act at the time: (1) an error was made in maintain…
  • Christensen v. United States Dep't of the Interior, 109 F. App'x 373 (10th Cir. 2004).unpublished
    See Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984).
  • Harrell v. Fleming, 285 F.3d 1292 (10th Cir. 2002).published 2 cites
    See Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984).
  • Villescas v. Richardson, 124 F. Supp. 2d 647 (D. Colo. 2000).published
    See Bergman v. U.S., 751 F.2d 314, 316 (10th Cir. 1984), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287 (1985).
  • Herrero v. St. Louis Univ. Hosp., 929 F. Supp. 1260 (E.D. Mo. 1996).published
    See Bergman v. United States, 751 F.2d 314, 316-17 (8th Cir.1984), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287 (1985).
  • Robert Lepkowski v. United States Dep't of the Treasury, 804 F.2d 1310 (D.C. Cir. 1986).published
  • Maria H. Tijerina v. Honorable Harry N. Walters, Adm'r of Vets.' Affairs Lorenzo Wilson Tijerina v. Honorable Harry N. Walters, Adm'r of Vets.' Affairs, 821 F.2d 789 (D.C. Cir. 1987).published
  • Raymond C. Bowyer v. United States Dep't of Air Force & Grissom Air Force Base, 875 F.2d 632 (7th Cir. 1989).published
  • Biondo v. Dep't of the Navy, 928 F. Supp. 626 (D.S.C. 1995).published
  • Pope v. Bond, 641 F. Supp. 489 (D.D.C. 1986).published
  • Tijerina v. Walters, 821 F.2d 789 (D.C. Cir. 1987).published
At page 317 Statute of limitations and continuing violation doctrine31 citing cases“by continual unlawful acts, not by continual ill effects from the original violation.”2 citing courts quote it · 28 listed here
  • Herrera v. City of Espanola, 32 F.4th 980 (10th Cir. 2022).published 2 cites
    In this sense, where the City argued Appellants’ claims accrued outside the limitations period and the accrual analysis begins with identification of the right infringed, the City, by not raising a property interest argument in their 12(b)…
  • Johnson v. Moon, No. 5:21-cv-00401 (W.D. Okla. Oct. 5, 2021).
    Second, presuming without deciding it did apply, the continuing-violation doctrine “is triggered ‘by continual unlawful acts, not by continual ill effects from the original violation.’” Parkhurst v. Lampert, 264 F. App’x 748, 749 (10th Cir…
  • Herrera v. City of Espanola, No. 1:20-cv-00538 (D.N.M. Mar. 3, 2021). 2 cites
    Bergman v. United States, 751 F.2d 314, 317 (10th Cir. 1984) (quoting Ward v. Caulk, 650 F.2d 1144 , 1147 (9th Cir.1981) (“A continuing violation is occasioned by continual unlawful acts, not by continual ill effects from the original viol…
  • Silva v. United States, No. 1:17-cv-01224 (D.N.M. Jan. 4, 2021).
    These exceptions include “[a]ny claim arising out of … libel, slander, misrepresentation, deceit, or interference with contract rights.” See 28 U.S.C. § 2680 (h). 1982); Bergman v. U.S., 751 F.2d 314, 317 (10th Cir. 1984); Moessmer v. U.S.…
  • Silva v. United States, No. 1:17-cv-01224 (D.N.M. Nov. 12, 2020). 2 cites
    Bergman v. U.S., 751 F.2d 314, 317 (10th Cir. 1984).
  • Allen v. United States, No. 1:18-cv-00744 (D.N.M. Apr. 24, 2020).
    “A continuing violation is occasioned by continual unlawful acts, not by continual ill effects from the original violation.” McCormick v. Farrar, 147 Fed.Appx. 716, 720 (10th Cir. 2005) (quoting Bergman v. United States, 751 F.2d 314, 317…
  • Parker v. Bourdon, No. 2:18-cv-00688 (D. Utah Aug. 19, 2019).
    Bd., 925 F.2d 1299 , 1301 (10th Cir. 1991). 7 Parkhurst v. Lampert, 264 F. App’x 748, 749 (10th Cir. 2008) (quoting Bergman v. United States, 751 F.2d 314, 317 (10th Cir. 1984)). 8 Pike v. City of Mission, Kan., 731 F.2d 655, 660 (10th Cir…
  • Jackson v. Shinseki, 526 F. App'x 814 (10th Cir. 2013).unpublished
    Bergman v. United States, 751 F.2d 314, 317 (10th Cir.1984).
  • Mata v. Anderson, 635 F.3d 1250 (10th Cir. 2011).published
    We have concluded that “[assuming the continuing violation doctrine applies to § 1983 claims, the doctrine is triggered ‘by continual unlawful acts, not by continual ill effects from the original violation.’” Parkhurst v. Lampert, 264 Fed.…
  • Ard v. Fed. Deposit Ins., 770 F. Supp. 2d 1029 (C.D. Cal. 2011).published
    (holding that a “negligence” claim based on defendant’s alleged failure to “correct” plaintiffs work classification records was actually a “misrepresentation, deceit and slander” claim that was barred by the misrepresent…)
Show 18 more citing cases
  • Mata v. Anderson, 685 F. Supp. 2d 1223 (D.N.M. 2010).published 2 cites
    The Tenth Circuit recently stated: “Assuming the continuing violations doctrine applies to § 1983 claims, the doctrine is triggered ‘by continual unlawful acts, not by continual ill effects from the original violation.’ ” Parkhurst v. Lamp…
  • Allmon v. Fed. Bureau of Prisons, 605 F. Supp. 2d 1 (D.D.C. 2009).published
    Harrell v. Fleming, 285 F.3d 1292, 1293 (10th Cir.), cert. denied, 537 U.S. 1057 , 123 S.Ct. 631 , 154 L.Ed.2d 537 (2002); Bergman v. United States, 751 F.2d 314, 317 (10th Cir.), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287…
  • Ramirez v. Dep't of Just., 594 F. Supp. 2d 58 (D.D.C. 2009).published
    Harrell v. Fleming, 285 F.3d 1292, 1293 (10th Cir.), cert. denied, 537 U.S. 1057 , 123 S.Ct. 631 , 154 L.Ed.2d 537 (2002); Bergman v. United States, 751 F.2d 314, 317 (10th Cir.), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287…
  • Parkhurst v. Lampert, 264 F. App'x 748 (10th Cir. 2008).unpublished
    Assuming the continuing violation doctrine applies to § 1983 claims, the doctrine is triggered “by continual unlawful acts, not by continual ill effects from the original violation.” Bergman v. United States, 751 F.2d 314, 317 (10th Cir.19…
  • Conklin v. United States Bureau of Prisons, 514 F. Supp. 2d 1 (D.D.C. 2007).published
    Harrell v. Fleming, 285 F.3d 1292, 1293 (10th Cir.), cert. denied, 537 U.S. 1057 , 123 S.Ct. 631 , 154 L.Ed.2d 537 (2002); Bergman v. United States, 751 F.2d 314, 317 (10th Cir.), cert. denied, 474 U.S. 945 , 106 S.Ct. 310 , 88 L.Ed.2d 287…
  • Frazier v. Leach, No. 06-1333 (10th Cir. Jan. 10, 2007).unpublished
    Bergman v. U.S., 751 F.2d 314, 317 (10th Cir. 1984).
  • Doe v. Thompson, 332 F. Supp. 2d 124 (D.D.C. 2004).published
    To allow the plaintiff to bring suit now under the continuing violation doctrine would, “in practical effect, mean that the two-year statute would never run.” Bergman v. United States, 751 F.2d 314, 317 (10th Cir.1984); Diliberti, 817 F.2d…
  • Michael Alexander v. United States, 787 F.2d 1349 (9th Cir. 1986).published
    (a “negligence” claim against the Department of Commerce by a former employee alleging that the agency had unlawfully refused to “correct” his work classification records was actually a claim of “misrepresentation, decei…)
  • Parker v. Bourdon, 800 F. App'x 654 (10th Cir. 2020).unpublished
    (noting that continuous-violation doctrine is triggered “by continual unlawful acts, not by continual ill effects from the original violation)
  • Simon v. Taylor, No. 17-2088 (10th Cir. Nov. 8, 2019).unpublished 2 cites
    (There is no implied cause of action since Congress had already expressly created a variety of administrative and judicial remedies ‘to cover the problem.’” (citation omitted))
  • Ervin v. Carbon Cnty. Sheriff's Dep't, 597 F. App'x 1009 (10th Cir. 2015).unpublished
    (discussing continuing violation theory)
  • Harrell v. Fleming, 285 F.3d 1292 (10th Cir. 2002).published 2 cites
    See Bergman v. United States, 751 F.2d 314, 316 (10th Cir.1984).
  • McCormick v. Farrar, 147 F. App'x 716 (10th Cir. 2005).unpublished
  • Talbert v. United States, 932 F.2d 1064 (4th Cir. 1991).published
  • Vu v. Meese, 755 F. Supp. 1375 (E.D. La. 1991).published
  • Szymanski v. United States Parole Comm'n, 870 F. Supp. 377 (D.D.C. 1994).published
  • Loard v. Sorenson, 561 F. App'x 703 (10th Cir. 2014).unpublished
  • Does v. Shea, No. 1:19-cv-01010 (D.N.M. Apr. 6, 2020).
Retrieving the full opinion text from the archive…
Ralph Roger BERGMAN, Plaintiff-Appellant,
v.
UNITED STATES of America, Et Al, Defendants-Appellees
83-2426, 83-2429.
Court of Appeals for the Tenth Circuit.
Mar 14, 1985.
Published opinion
751 F.2d 314
Frederic W. Schwartz, Jr., Washington, D.C. (Glenn A. Bergmann, Denver, Colo., with him on brief), for plaintiff-appellant., Nancy E. Rice, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with her on brief), for defendants-ap-pellees.
Logan, Breitenstein, McWilliams.
Cited by 69 opinions  |  Published
Pinpoint authority: bottom 55%
McWILLIAMS, Circuit Judge.

These two appeals have been compan-ioned in this Court for dispositional purposes. From the record before us, we learn that Ralph Roger Bergman was employed by various agencies within the Department of Commerce at Boulder, Colorado from 1962 to March, 1977. Bergman was temporarily removed from his employment in 1968, and again in 1973, pursuant to Reduction in Force proceedings. In each instance he was, in time, rehired. In March, 1977, Bergman was retired on disability from his employment in the Department.

In 1976, shortly before his retirement, the Civil Service Commission, now the Office of Personnel Management, conducted an audit of Bergman’s work record, and determined that the official position descriptions of the jobs held by Bergman from 1962 to 1976 were inadequate. The Commission then prepared new duty statements for the period in question and ordered the Department to include such in Bergman’s official personnel folder. This was done.

Subsequent to his retirement, Bergman asked the Department to reclassify retroactively his earlier work positions in an apparent effort to show, inter alia, that he should not have suffered the Reduction in Force proceedings in 1968 and 1973. On October 25, 1977, the Department notified Bergman in writing that it had no power to reclassify positions retroactively in the manner requested by Bergman.

On October 7, 1982, Bergman filed, pro se, in the United States District Court for the District of Colorado, an action against the Department of Commerce under the Privacy Act, 5 U.S.C. § 552a, alleging that the Department had unlawfully refused to “correct” his classification records for which wrong he sought injunctive relief and $200,000 in monetary damages. [1] The[*316] Department responded with a motion to dismiss, or, in the alternative, for summary judgment, contending, inter alia, that the action was barred by the two-year statute of limitations set forth in 5 U.S.C. § 552a(g)(l), (5). The district court, on September 20, 1983, entered summary judgment in favor of the Department, holding that the action was time barred. The district court’s Memorandum was not published.

On February 4, 1983, Bergman filed, pro se, a separate and second action in the United States District Court for the District of Colorado against the Department of Commerce under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., alleging that employees of the Department of Commerce, while acting within the scope of their employment, violated certain non-discretionary, regulatory and statutory mandates resulting in economic, physical and psychological harm for which he sought $750,000. The Department responded with a motion to dismiss, or, in the alternative, for summary judgment, contending, inter alia, that the action, as pleaded, did not come within the purview of the Federal Tort Claims Act. On July 25, 1983, the district court granted the Department's motion and entered summary judgment in its favor. The district court’s Memorandum Opinion and Order appears at 567 F.Supp. 460 (D.Colo.1983).

Bergman appeals both of the adverse judgments sustained by him in the district court. Appeal No. 83-2426 relates to the action brought under the Privacy Act. Appeal No. 83-2429 relates to the action brought under the Federal Torts Claim Act. Before considering separately these two appeals, we note that the complaints in each underlying action were filed pro se, and, as did the district court, we find them somewhat difficult to track.

No. 83-2426 (Privacy Act)

As stated, the district court granted summary judgment in favor of the Department of Commerce as concerns Bergman’s cause of action based on the Privacy Act. The gist of Bergman’s initial complaint was that the Department refused his request to amend and “correct” retroactively his employment records. 5 U.S.C. § 552a(g)(l)(C) allows an individual to sue whenever an agency fails to maintain an employment record “with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to ... benefits to the individual----” 5 U.S.C. § 552a(g)(l), (5) provides that an action under the section may be brought “within two years from the date on which the cause of action arises.” In ascertaining when Bergman’s cause of action arose, the district court held that it arose at the time: 1) an error was made in maintaining Bergman’s records; 2) Bergman was wronged by such error; and 3) Bergman either knew or had reason to know of such error. The district court held that in the instant case all three conditions were met, at the very latest, on October 25, 1977, when the Department notified Bergman in writing that the Department could not retroactively classify job positions, grant him “monetary relief,” or pay his legal fees or other expenses, or otherwise reconsider the 1973 Reduction in Force discharge. The underlying action in No. 83-2426 was not instituted until October 7, 1982, almost five years after the letter was sent to Bergman by the Department. We find no error in the district court’s analysis of this matter. In support of the action taken, see Oppenheim v. Campbell, 571 F.2d 660 (D.C.Cir.1978), where the D.C. Circuit held that a similar action, though not identical to the one asserted here by Bergman, arose when the plaintiff’s “right to resort to federal court was perfected.” See also R.R. v. Department of Army, 482 F.Supp. 770, 774, n. 12 (D.C.D.C.1980) (holding that a “cause of action for damages occurred only when the VA denied [the plaintiff] benefits in reliance on incorrect Army records”).

Bergman would avoid the ruling of the district court by asserting that the 1977[*317] letter did not, with finality, trigger the two-year statute, and that a new cause of action arose upon each and every subsequent adverse determination based on erroneous records. In this regard, Bergman, by a supplemental complaint, alleged that as recently as March 21, 1983, he had renewed his request of the Department for reclassification, and that his renewed request had been denied. The district court rejected this argument, as do we. To subscribe to such would, in practical effect, mean that the two-year statute would never run. See, e.g., Oppenheim v. Campbell, 571 F.2d at 662 (plaintiffs claim accrues when he is “first harmed”); Ward v. Caulk, 650 F.2d 1144, 1147 (9th Cir.1981) (“A continuing violation is occasioned by continual unlawful acts, not by continual ill effects from the original violation”).

No. 83-2429 (Tort Claim)

This appeal concerns Bergman’s pro se complaint based on the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. Again, the complaint is hard to follow. However, in granting the Department’s summary judgment, the district court gave Bergman the benefit of any doubt and interpreted it as alleging not only an action sounding in tort, but also as an action based on an implied cause of action arising out of a breach of statutory duty, as well as an action based on intentional infliction of emotional distress. As concerns each, the district court held as follows: 1) Bergman’s claim based on negligence is actually one for “misrepresentation, deceit and slander” and therefore is barred by the immunity retained under 28 U.S.C. § 2680(h), see Wine v. United States, 705 F.2d 366 (10th Cir.1983); 2) There is no implied cause of action since Congress had already expressly created a variety of administrative and judicial remedies “to cover the problem,” see Northwest Airlines, Inc. v. Transport Workers Union of America, 451 U.S. 77, 97, 101 S.Ct. 1571, 1583, 67 L.Ed.2d 750 (1981) (“The presumption that a remedy was deliberately omitted from a statute is strongest when Congress has enacted a comprehensive legislative scheme including an integrated system of procedures for enforcement”); and 3) that while a claim for intentional infliction of emotional distress may be barred by 28 U.S.C. § 2680(h), [2] in any event, Bergman’s allegations in his complaint and “documentary evidence” do not make out a claim of intentional infliction of emotional distress under Colorado law, which requires “outrageous conduct” which is “so extreme in degree as to go beyond all bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community,” Trimble v. Denver, 645 P.2d 279, 282 (Colo.App.1981).

We are in complete accord with the reasoning and result reached by the district court, and on that basis, we affirm.

Judgment affirmed.

1

. In 1978, Bergman had filed a similar action in the U.S. Court of Claims. This action was dismissed, in part because the Court of Claims lacked subject matter jurisdiction to award back pay or reclassify employee positions. Bergman [*316] v. United States, No. 84-78 (Ct.Cl.1982), aff’d, 706 F.2d 319 (Fed.Cir.1983).

2

. 28 U.S.C. § 2680(h) retains sovereign immunity from claims based on intentional torts. Several courts, however, have held that claims for intentional infliction of emotional distress are not barred by § 2680(h). See, e.g., Gross v. United States, 676 F.2d 295 (8th Cir.1982).