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CABAN v. UNITED STATES

No. 521, Docket 81-6133.

671 F.2d 1230 (1982)

Salvador CABAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 5, 1982.

Attorney(s) appearing for the Case

Melvin L. Wulf, New York City (Clark, Wulf & Levine, Leon Rosen, New York City, of counsel), for plaintiff-appellant.

Steven E. Obus, Asst. U. S. Atty., S. D. N. Y., New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., Michael H. Dolinger, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and CONNER, District Judge.

FEINBERG, Chief Judge:

Salvador Caban appeals from a grant of summary judgment by the United States District Court for the Southern District of New York, Lee P. Gagliardi, J., dismissing his complaint under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq., for damages resulting from his arbitrary detention by agents of the Immigration and Naturalization Service (INS). This appeal requires us to consider both the scope of the discretionary...

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