IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

NATHAN C. BELL, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 1:06-cv-644-WKW

)

UNITED STATES OF AMERICA, )

)

Defendant. )

NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that pursuant to the Federal Employees Liability Reform

and Tort Compensation Act of 1988 §§ 5, 6, Pub. L. No. 100-694, 102 Stat. 4563 (1988)

(codified at 28 U.S.C. § 2679), the United States is hereby substituted for the individual

defendant, Darrell L. Spraggins, with respect to the plaintiff’s state law cause of action. 

The grounds for this substitution are:

1. The Federal Tort Claims Act, 28 U.S.C. §§ 1346(b); 2671-2680 (1988)

("FTCA"), as amended by the Federal Employees Liability Reform and Tort

Compensation Act of 1988 § 5, Pub. L. No. 100-694, 102 Stat. 4563 (1988), provides that

a suit against the United States shall be the exclusive remedy for persons with claims for

damages resulting from the negligent or wrongful acts or omissions of federal employees

taken within the scope of their office or employment. 28 U.S.C. § 2679(b)(1). This

provision is applicable to the allegations of plaintiff's complaint.

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2. Section 6 of the Federal Employees Liability Reform and Tort

Compensation Act provides that upon certification by the Attorney General that a federal

employee was acting within the scope of his office or employment at the time of the

incident out of which a state law claim arises, any civil action arising out of the incident

shall be deemed an action against the United States, and the United States shall be

substituted as sole defendant with respect to those claims. 28 U.S.C. § 2679(d)(1), (2). 

The Attorney General has delegated certification authority to the United States Attorneys. 

28 C.F.R. § 15.3 (1991). 

3. The United States Attorney for the Middle District of Alabama has certified

that at the time of the conduct alleged, defendant Darrell L. Spraggins was acting within

the scope of his employment. See Certification of Scope of Employment attached to this

Notice of Substitution.

For the foregoing reasons, by operation of law, the United States has been

substituted as the sole defendant with respect to the causes of action alleged in the

plaintiff’s complaint. The Court is respectfully referred to the Certification of Scope of

Employment filed contemporaneously with this Notice. 

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Respectfully submitted this 18 day of October, 2006. th

LEURA G. CANARY

United States Attorney

 By: s/R. Randolph Neeley 

Assistant United States Attorney

Bar Number: #9083-E56R

Attorney for Defendant

United States Attorney’s Office

Post Office Box 197

Montgomery, AL 36101-0197

Telephone: (334) 223-7280

Facsimile: (334) 223-7418

E-mail: rand.neeley@usdoj.gov

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CERTIFICATE OF SERVICE

I hereby certify that on October 18, 2006, I electronically filed the foregoing with

the Clerk of the Court using the CM/ECF system, and I hereby certify that I have mailed,

by United States Postal Service, a copy of same to the following non-CM/ECF

participant:

Nathan C. Bell

1002 Williams Avenue

Dothan, AL 36303

s/R. Randolph Neeley 

Assistant United States Attorney

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IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

NATHAN C. BELL, 

Plaintiff, 

V. ) CIVIL ACTION NO. 1 :06-CV-644-WKW 

DARRELL SPRAGGINS, 

Defendant. ) 

CERTIFICATION OF SCOPE OF EMPLOYMENT 

I, Leura G. Canary, United States Attorney for the Middle District of Alabama, 

United States Department of Justice, acting pursuant to the provisions of 28 U.S.C. 5 

2679, and by virtue of the authority vested in me by 28 C.F.R. 5 15.3, hereby certifl that 

defendant, Darrell L. Spraggins, was acting within .the scope of his federal office or 

employment as a Vocational Rehabilitation Officer and Employment Officer with the 

Department of Veterans Affairs at the time of the incident out of which this claim arises. 

I have been apprised of the facts giving rise to this action and make this certification on 

the basis of the information now available to me with respect to the incident referred to in 

the complaint. 

Dated this 18h day of October, 2006. 

LEURA G. CANARY 

United States Attorney 

SJIS #GAR030 

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