United States Ninth Circuit

In an action under the Federal Tort Claims Act against the U.S. and various officials, claiming that an asylum officer demanded sexual favors in return for assisting with plaintiffs' asylum applications, dismissal of the action is affirmed in part where plaintiffs failed to point to any specific duty under the Fifth Amendment or any specific policy to support a claim of unconstitutional policymaking. However, the dismissal is reversed in part where the emotional distress suffered as a result of the demand for sexual favors was an injury distinct from the battery and could be proved by the plaintiffs.

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• John T. Noonan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Vincent J. DeSimone, Henry C. Whitaker