United States Second Circuit

Dismissal of plaintiff's suit brought under the Federal Tort Claims Act (FTCA), alleging that two federal law enforcement officers maliciously and falsely testified before a federal grand jury about his involvement in a drug conspiracy, causing him tortious intentional infliction of emotional distress, is affirmed, where: 1) if its agents would enjoy immunity from suit under state tort law, the United States may also assert immunity in FTCA actions; and 2) because Connecticut would recognize an absolute privilege for grand jury witness testimony and the officers would not be liable for their statements, the United States is not vicariously liable under the FTCA.

Appellate Information

• Decided 06/21/2013
• Published 06/21/2013

Judges

• WALKER

Court

• United States Second Circuit

Counsel