Gary Tyson v. Dept of VA , 279 F. App'x 334 ( 2008 )

NOT FOR PUBLICATION
File Name: 08a0283n.06
Filed: May 20, 2008
No. 07-2010
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
GARY TYSON,
Plaintiff-Appellant,
ON APPEAL FROM THE
v. UNITED STATES DISTRICT
COURT FOR THE EASTERN
DEPARTMENT OF VETERANS OF MICHIGAN
AFFAIRS, dba Veterans Administration
Medical Center, Ann Arbor, Michigan,
Defendant-Appellee.
_____________________________________/
BEFORE: GUY, SUHRHEINRICH and GIBBONS, Circuit Judges.
PER CURIAM: Plaintiff-Appellant, Gary Tyson, appeals the district court’s dismissal of
his claim for medical malpractice against the Department of Veteran Affairs d/b/a Veterans
Administration Medical Center, Ann Arbor, Michigan, as barred by sovereign immunity under the
Federal Tort Claims Act, 28 U.S.C. §§ 1346, 1402, 2401-02, 2411-12, 2671-80 (FTCA). The district
court held that the doctor in question was not an employee of the VA but rather the agent of a
contractor and the waiver of sovereign immunity for government employees under the FTCA did not
apply.
Having reviewed the record, the parties’ briefs, the relevant law, and having heard oral
argument, we AFFIRM the judgment of the district court on the basis of its opinions dated June 26,
2007, and July 24, 2007.
-2-