In the United States Court of Appeals FOR THE SECOND CIRCUIT

AUGUST TERM 2019 No. 19-227

AISHA AGYIN, Plaintiff,

v.

SHAHRAM RAZMZAN, Defendant-Appellant,

UNITED STATES OF AMERICA, Appellee.*

On Appeal from the United States District Court for the Southern District of New York

ARGUED: FEBRUARY 4, 2020 DECIDED: JANUARY 26, 2021

Before: POOLER, LYNCH, and MENASHI, Circuit Judges.

* The Clerk of Court is directed to amend the caption as set forth above. After he was sued for medical malpractice in state court, Dr. Shahram Razmzan removed the case to federal court and moved to substitute the United States as the defendant in his place. Razmzan argued that the alleged malpractice occurred within the scope of his employment at a federally dee