Trey Cholewa v. USA

Type

Opinion

Author

John Baylor Nalbandian

Filed

June 11, 2026

Case

Trey Cholewa v. USA

Case status

Decided

The first passage of the document, as extracted by the source provider.

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0263n.06 Case No. 25-1465 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED June 11, 2026 ) TREY CHOLEWA, KELLY L. STEPHENS, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN UNITED STATES OF AMERICA, ) DISTRICT OF MICHIGAN Defendant-Appellee, ) ) JENNIFER R. ROBINSON, M.D., ) OPINION ) Defendant-Appellant. ) ) Before: BOGGS, NALBANDIAN, and MATHIS, Circuit Judges. NALBANDIAN, Circuit Judge. Dr. Jennifer Robinson treated Trey Cholewa, a Marine Corps veteran with multiple combat tours, for psychiatric ailments. Over the course of treatment, she allegedly developed romantic feelings for him and touched him sexually. So he sued her and the United States under Michigan tort law. At each stage of the proceedings, Dr. Robinson petitioned the district court to grant her immunity under the Westfall Act, 28 U.S.C. § 2679, which protects federal employees acting within the scope of their employment from facing suit for tort damages. The district court denied that relief twice—once at the pleadings stage, and again after discovery at summary judgment. The latter denial led to an earlier…

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