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SUTTON v. U.S.

No. 85-2235.

819 F.2d 1289 (1987)

Michael J. SUTTON and John Wiley Mitchell, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1987.

Attorney(s) appearing for the Case

Michael J. Sutton, pro se.

John Wiley Mitchell, pro se.

Linda K. Cipriani, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., C.J. (Neil) Calnan, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before BROWN, REAVLEY, and JONES, Circuit Judges

JOHN R. BROWN, Circuit Judge:

Today, we consider the interplay between two sections of the Federal Tort Claims Act: the "discretionary function exception" of 28 U.S.C. § 2680(a), and the "law enforcement proviso" of § 2680(h). The court below incorrectly interpreted the relationship between the two when it dismissed the plaintiffs' somewhat tenuous claims of malicious prosecution because they had failed to surmount the hurdle of the discretionary function...

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