Rodney S. Ratheal v. United States

This Petition addresses a conflict between Su­ preme Court precedent and Tenth Circuit jurisdic­ tional decisions in relation to an abuse of process claim against the United States involving the Security and Exchange Commission’s alleged violation of its No Admit No Deny settlement policy. The Questions Presented Are: Does the SEC publishing a defaming whistleblower no­ tice that implies guilt in violation of its own No Admit No Deny policy directive that after settlement allega­ tions remain allegations to which guilt is not credited, constitute abuse of process? Does the FTCA 28 U.S.C. 2680(a) discretionary func­ tion exception bar an abuse of process by defamationby-implication claim against the United States?