For example, an agent of the Federal Bureau of Investigation (FBI) is involved in an automobile accident with a pedestrian. The accident occurs on Thanksgiving Day, when the agent is off-duty and while he is driving to his mother's house. In that case, the agent is not acting within the scope of his employment when his negligence occurs, so the pedestrian cannot file a personal injury action against the federal government under the FTCA. However, if the agent is performing surveillance work for the FBI at the time of the accident, then he is acting within the scope of his employment when his negligence occurs, and the pedestrian has a claim against the federal government under the FTCA.
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