United States Seventh Circuit

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Reynolds v. US, 08-1634

In a suit alleging malicious prosecution by the government arising out of the prosecution of plaintiff-federal employee for false reporting, dismissal for lack of subject-matter jurisdiction is vacated and cause remanded where: 1) the alleged misconduct of government investigators fell outside of the discretionary-function exception to the Federal Tort Claims Act; 2) the investigators were federal employees, not contractors; 3) no search, seizure, or arrest was necessary to trigger tort liability; and 4) plaintiff had stated a valid claim for relief under state tort law.

Appellate Information

  • Decided 12/09/2008
  • Published 12/09/2008

Judges

  • ROVNER, Circuit Judge., Before RIPPLE, ROVNER, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Peter B. Stewart (argued), Stewart & Irwin, Indianapolis, IN, for Plaintiff-Appellant.

  • For Appellees:
  • Steve Frank (argued), Department of Justice, Washington, DC, for Defendant-Appellee.