United States First Circuit

Dismissal of plaintiff's claims under the Federal Tort Claims Act, alleging malicious prosecution and abuse of process, is vacated where she has properly pleaded a viable claim by alleging that defendants obtained an indictment through the use of false testimony.

Appellate Information

• Decided 04/21/2005
• Published 04/22/2005

Judges

• HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and CARTER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lixandra Osorio Felix and Nicolas Nogueras, Jr. Law Offices, on brief for appellant.


• For Appellees:
  
• Isabel Muñoz-Acosta, Assistant U.S. Attorney, H.S. Garcia, United States Attorney, and Miguel A. Fernandez, Assistant U.S. Attorney, Chief, Civil Division, on brief for appellees.