A federal employee who was removed from his job after improperly pressuring the United South and Eastern Tribes lost his case before the 11th Circuit Court of Appeals on Tuesday.

As assistant director of tribal affairs for the Agency for Toxic Substances and Disease Registry, Dean Seneca repeatedly contacted USET about the organization's forthcoming testimony at a tribal budget consultation session in 2006. USET complained that Seneca's attempt to influence the testimony was "inappropriate and aggressive," the 11th Circuit noted in an unpublished opinion.

Seneca was reprimanded, removed from his position and reassigned to another one as a result of his behavior. He then filed suit in federal court against USET and three USET employees, accusing them of disparaging him by making false statements.

The 11th Circuit, however, ruled that USET should not be sued because it was acting under a self-determination contract with the federal government. The court upheld a federal judge's decision to substitute the United States as the defendant.

The court also held that Seneca failed to exhaust his remedies under the Federal Torts Claims Act. It upheld dismissal of his lawsuit.

Seneca is a member of the Seneca Nation of New York, which belongs to USET.

11th Circuit Decision:
Seneca v. USET (September 16, 2008)