No. 00-2156

259 F.3d 220 (2001)

Rafael Medina, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2001

Attorney(s) appearing for the Case

ARGUED: Edward Scott Rosenthal, ROSENTHAL, RICH & COSTLE, L.L.P., lexandria, Virginia, for Appellant.

Lawrence Joseph Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

ON BRIEF: Helen F. Fahey, United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINS and KING, Circuit Judges, and Frederic N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

KING, Circuit Judge:

Rafael Medina was arrested by agents of the Immigration and Naturalization Service ("INS") and subjected to deportation proceedings, which the INS subsequently dismissed. After exhausting his administrative remedies under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 ("FTCA"), Medina brought suit in the Eastern District of Virginia on the theory that the INS agents involved had...

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