United States Seventh Circuit

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.