United States Fourth Circuit

Although Congress consented to suit for malicious prosecution through the FTCA, 28 USC 2680(h), suits relating to INS agents' discretionary functions under 28 USC 2680(a) are still immune, even if the agents' actions would constitute actionable torts under state law.

Appellate Information

• Argued 04/04/2001
• Decided 07/27/2001
• Published 07/27/2001

Judges

• Before WILKINS and KING, Circuit Judges, and FREDERIC N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward Scott Rosenthal, Rosenthal, Rich & Costle, L.L.P., Alexandria, VA, for Appellant. Lawrence Joseph Leiser, Assistant United States Attorney, Alexandria, VA, for Appellee. ON BRIEF:  Helen F. Fahey, United States Attorney, Alexandria, VA, for Appellee.