Wallace C. Moessmer v. United States, 760 F.2d 236 (8th Cir. 1985). · Go Syfert
Wallace C. Moessmer v. United States, 760 F.2d 236 (8th Cir. 1985). Cases Citing This Book View Copy Cite
“we hold that moessmer's claim for interference with prospective economic advantage is the equivalent of a claim for interference with contract rights, and thus falls within the section 2680(h) exemption.”
26 citation events (11 in the last 25 years) across 13 distinct courts.
Strongest positive: Pina v. United States (nysd, 2022-03-15)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Pina v. United States
S.D.N.Y. · 2022 · quote attribution · 1 verbatim quote · confidence high
we hold that moessmer's claim for interference with prospective economic advantage is the equivalent of a claim for interference with contract rights, and thus falls within the section 2680(h) exemption.
discussed Cited as authority (rule) Larson v. United States
D.S.D. · 2021 · confidence medium
Because Larson’s claim lies in interference with contract or interference with prospective economic advantage, this Court does not have jurisdiction over this claim.*> See Moessmer v. United States, 760 F.2d 236, 237 (8th Cir. 1985) (holding that both interference with contract and interference with a prospective economic advantage are intentional torts barred from FTCA coverage). federal law required the United States to pay money damages for its mismanagement of timber resources.
cited Cited as authority (rule) Silva v. United States
D.N.M. · 2020 · confidence medium
Moessmer v. U.S., 760 F.2d 236, 237-238 (8th Cir. 1985).
discussed Cited as authority (rule) Lamb v. United States ex rel. Department of Defense-Defense Finance & Accounting Service
9th Cir. · 2002 · confidence medium
See, e.g., Hoesl v. United States, 629 F.2d 586, 587 (9th Cir.1980) (determining that a plaintiff could not assert a negligence action based on a negligently conducted psychiatric examination and negligently prepared report in light of the fact that plaintiffs “injury resulted from the use of the report by his supervisors” as opposed to negligent treatment based on an improper diagnosis) (emphasis added); Talbert v. United States, 932 F.2d 1064, 1066-67 (4th Cir.1991) (determining that allegation of government’s failure to use reasonable care in maintaining accurate personnel records was…
discussed Cited as authority (rule) Michael E. Johnson v. Bruce Babbitt
8th Cir. · 1998 · confidence medium
Works, Inc. v. United States, 953 F.2d 1086 , 1087 & n.3 (8th Cir. 1992); 28 U.S.C. § 2680 (h) (FTCA does not apply to any claim “arising out of” libel or slander); Moessmer v. United States, 760 F.2d 236, 237-38 (8th Cir. 1985) (dissemination-of-false-information/defamation claim falls within libel and slander exception to FTCA waiver of sovereign immunity).
discussed Cited as authority (rule) Michael Eugene Johnson v. Bruce Babbitt, Secretary of the Department of the Interior, James H. Jacobs, an Individual United States of America
8th Cir. · 1998 · confidence medium
Works, Inc. v. United States, 953 F.2d 1086 , 1087 & n. 3 (8th Cir.1992); 28 U.S.C. § 2680 (h) (FTCA does not apply to any claim "arising out of" libel or slander); Moessmer v. United States, 760 F.2d 236, 237-38 (8th Cir.1985) (dissemination-of-false-information/defamation claim falls within libel and slander exception to FTCA waiver of sovereign immunity). 2 Accordingly, we affirm the judgment of the district court. 3 A true copy. 1 The Honorable Catherine D.
discussed Cited as authority (rule) O'Ferrell v. United States
M.D. Ala. · 1997 · confidence medium
Co., 978 F.2d 602, 613 (10th Cir.1992); Chen v. United States, 854 F.2d 622 , 628 n. 2 (2d Cir.1988); Williamson v. United States Dep’t of Agric., 815 F.2d 368, 378 (5th Cir.1987); Moessmer v. United States, 760 F.2d 236, 237 (8th Cir.1985); Art Metal-U.S.A, Inc. v. United States, 753 F.2d 1151, 1153-55 (D.C.Cir.1985); Small v. United States, 333 F.2d 702, 704 (3d Cir.1964); March VI Investment.
cited Cited as authority (rule) Crenshaw v. United States
S.D. Tex. · 1997 · confidence medium
Art Metal-USA, Inc. v. United States, 753 F.2d 1151, 1155 (D.C.Cir.1985); Moessmer v. United States, 760 F.2d 236, 237 (8th Cir.1985).
discussed Cited "see" Moeller v. United States
D.S.D. · 2021 · signal: see · confidence high
See Moessmer v. United States, 760 F.2d 236, 237 (8th Cir. 1985) (holding that both interference with contract and interference with a prospective economic advantage are intentional torts barred from FTCA coverage).
cited Cited "see" Baker v. United States
W.D.N.Y. · 1996 · signal: accord · confidence high
Accord Moessmer v. United States, 760 F.2d 236 (8th Cir.1985); Jimenez-Nieves v. United States, 682 F.2d 1 (1st Cir.1982).
cited Cited "see" John Misany v. United States
7th Cir. · 1987 · signal: see · confidence high
See Moessmer v. United States, 760 F.2d 236 (8th Cir.1985); Art Metal-U.S.A., Inc. v. United States, 753 F.2d 1151, 1153-55 (D.C.Cir.1985).
discussed Cited "see, e.g." Lisa Jorgensen v. Massachusetts Port Authority, Appeal of Donald Hertzfeldt and Peter Langley (2×)
1st Cir. · 1990 · signal: see also · confidence low
See id.; see also Moessmer v. United States, 579 F.Supp. 1030, 1031 (E.D.Mo.1984) (following Jimenez-Nieves rather than Quinones ), aff'd, 760 F.2d 236 (8th Cir.1985).
discussed Cited "see, e.g." Mangan v. Cline
Minn. Ct. App. · 1987 · signal: see also · confidence medium
See Hoesl, 451 F.Supp. at 1173 ; see also Moessmer v. United States, 760 F.2d 236, 237 (8th Cir. 1985) (former CIA employee’s claim of negligent maintenance of personnel records was one for defamation).
Retrieving the full opinion text from the archive…
Wallace C. MOESSMER, Appellant,
v.
UNITED STATES of America, Appellee
84-1470.
Court of Appeals for the Eighth Circuit.
Apr 29, 1985.
760 F.2d 236
Edward Y. Ward, St. Louis, Mo., for appellant., Robert T. Haar, St. Louis, Mo., for appellee.
Bright, Arnold, Bowman.
Cited by 18 opinions  |  Published
BRIGHT, Circuit Judge.

Wallace Moessmer appeals from the dismissal of his complaint for damages against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-80. The district court [1] ruled that both Count I of his complaint, charging the Government with unlawful interference with his prospective employment, and Count II, alleging negligent maintenance of personnel records, failed to state a claim by virtue of the Government’s exemption from liability under 28 U.S.C. § 2680(h). [2] We agree with the district court and affirm.

I. BACKGROUND.

The Central Intelligence Agency (CIA) hired Wallace Moessmer in 1963 to supervise and train pilots in the Congo. In 1965,[*237] the CIA transferred Moessmer to Laos, where he subsequently sought employment with a private airline, Continental Air Services, Inc. (Continental). After receiving assurances of future employment from Continental, Moessmer resigned from the CIA. Thereafter, Continental refused to hire him. Moessmer asserts that the airline’s refusal was a response to pressure and intimidation by the CIA.

In 1981, Moessmer requested his employment records from the CIA pursuant to the Freedom of Information Act. He alleges that the records he received contained false information. He then filed suit against the United States under the FTCA. Moessmer’s complaint contained two counts. In Count I, he alleged that the CIA had interfered with his prospective economic advantage by preventing his employment with Continental. The district court dismissed this count on the ground that section 2680(h) of the FTCA specifically exempts claims arising out of interference with contract rights. Moessmer v. United States, 569 F.Supp. 782 (E.D.Mo.1983).

In Count II, Moessmer alleged negligent maintenance of employment records by the CIA. The gist of this allegation was that the CIA negligently allowed false information to be placed in Moessmer’s employment file, and the CIA’s reliance upon this information injured appellant. The district court granted the Government’s motion for summary judgment on Count II, ruling that this allegation fell within the section 2680(h) exception for claims arising out of libel and slander. Moessmer v. United States, 579 F.Supp. 1030 (E.D.Mo.1984). This appeal followed.

II. DISCUSSION.

Moessmer contends that the district court erred in dismissing his claim for interference with prospective economic advantage on the ground that it came within the contract rights exception of section 2680(h). Appellant argues that this exception applies only tó rights under existing contracts. Because he had no formal contract with Continental, he asserts that his claim for interference with prospective employment should be allowed.

The Third Circuit considered whether an action for interference with future employment could be maintained against the Government in Dupree v. United States, 264 F.2d 140 (3d Cir.), cert. denied, 361 U.S. 823, 80 S.Ct. 253, 4 L.Ed.2d 189 (1959). Affirming the dismissal of the action under section 2680(h), the court stated: “[T]he tort of interference with prospective or potential advantage is simply an extension of tort liability for interference with existing contractual relations * * Id. at 143. See also Small v. United States, 333 F.2d 702 (3d Cir.1964).

We agree with the reasoning of the Third Circuit. Allowing an action for interference with a prospective contract but not for interference with an existing contract achieves an anomalous result. We hold that Moessmer’s claim for interference with prospective economic advantage is the equivalent of a claim for interference with contract rights, and thus falls within the section 2680(h) exemption. Therefore, the district court did not err in dismissing Count I of his claim.

Moessmer also challenges the order granting summary judgment on his claim for negligent maintenance of employment records. The district court ruled that the claim was barred under the libel and slander exception of section 2680(h). Appellant urges this court to adopt the reasoning in Quinones v. United States, 492 F.2d 1269 (3d Cir.1974), in which the Third Circuit allowed a claim for negligent failure to maintain accurate employment records. The court distinguished between a claim for negligent maintenance of records, and one for the dissemination of inaccurate information, holding that section 2680(h) barred only the latter claim. We decline to draw any such distinction in the present case. Moessmer contends that the CIA acted upon false and derogatory information in his employment file and, as a result, Continental refused to hire him. If the gravamen of his complaint is that the CIA communicated defamatory material to Con[*238] tinental, then his claim falls within the libel and slander exception to the FTCA. Alternatively, if his contention is not that the CIA disseminated false information, but that the agency relied upon such information in pressuring Continental not to hire him, then he is merely repeating his Count I claim of interference with precontractual relations. Either way, appellant’s claim is barred under section 2680(h) and the district court properly granted summary judgment.

Accordingly, we affirm the judgment of the district court.

1

. The Honorable John F. Nangle, Chief Judge, United States District Court for the Eastern District of Missouri.

2

. Section 2680(h) expressly exempts the following claims from the FTCA’s waiver of sovereign immunity:

Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights * * *.