United States Second Circuit

In plaintiff's suit against the government under the Federal Tort Claims Act (FTCA), claiming, inter alia, that federal officials falsely arrested and imprisoned him as a removable resident alien following his release from incarceration for a felony conviction, district court's dismissal of the complaint for lack of subject matter jurisdiction is reversed, as the district court erred in concluding that there was no private analogue to the immigration detention suffered by the plaintiff as required to find a waiver of the United States' sovereign immunity under the Act.

Appellate Information

• Decided 08/09/2012
• Published 08/09/2012

Judges

• Sack

Court

• United States Second Circuit

Counsel